The High Court has deferred former Deputy President Rigathi Gachagua’s impeachment hearing to December 2025, following ongoing appeals contesting the legality of the judicial bench assigned to hear the case.
The postponement comes after the Court of Appeal suspended over 40 related petitions pending the determination of Gachagua’s appeal. The appeal challenges the authority of Deputy Chief Justice Philomena Mwilu to empanel the three-judge bench handling the impeachment dispute.
During Tuesday’s proceedings, Gachagua’s lawyer, Ndegwa Njiru, argued that the pending appeal could have far-reaching implications on the ongoing case, particularly on matters of jurisdiction and procedure. “We are seeking a way forward on whether the court would proceed during the continuation of that matter. The outcome of the appeal would have a serious impact on the matters before you,” Njiru stated.
Justice Freda Mugambi, while issuing the directive, noted that it was prudent to await the Court of Appeal’s decision before proceeding with the hearing. “In light of the pending matters that are before the Court of Appeal and the Supreme Court, we hereby vacate the earlier dates that had been fixed or highlighted for submissions,” she ruled.
The case stems from Gachagua’s impeachment in October 2024, when the Senate voted to remove him from office after finding him guilty of multiple charges, including corruption and misconduct. Gachagua has since insisted that the impeachment was politically motivated and riddled with procedural irregularities.
Following his ouster, he filed a constitutional petition challenging both the legality and fairness of the Senate’s decision. He claimed the impeachment process lacked public participation and violated due process.
As the case drags into its second year, the outcome of the appeals will likely determine whether Gachagua’s legal challenge proceeds or stalls indefinitely. For now, all eyes remain on the appellate courts as the former Deputy President continues his bid to clear his name.
