The legal saga surrounding former Deputy President Rigathi Gachagua has reached a pivotal stage as the High Court sets aside specific dates for a substantive hearing on the constitutionality of his removal from office.
A three-judge bench, consisting of Justices Eric Ogola, Antony Mrima, and Freda Mugambi, will preside over the proceedings scheduled from April 14 to April 18. The multi-judge panel reflects the gravity and complexity of the constitutional questions at stake.
At the core of the case is not only Gachagua’s political future but also a compensation claim tied to his removal.
Legal experts note that the ruling could establish a key precedent on the scope of executive and parliamentary powers in impeachment proceedings under Kenya’s Constitution.
Gachagua’s legal team, led by Senior Counsel Paul Muite, has consistently urged the court to prioritize the matter, emphasizing that the petitioner is directly affected both personally and constitutionally.
The team argues that any procedural lapses or deviations from the legal framework would render the impeachment invalid.
Conversely, the respondents are expected to defend the legality of the process, asserting that all constitutional thresholds were met. The court will therefore need to determine whether the principles of fairness, legality, and due process were fully observed.
With the hearing dates approaching, public interest has surged, given the case’s potential to redefine the boundaries of impeachment in Kenya and influence the country’s constitutional jurisprudence for years to come.
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