Kenya’s Deputy President Rigathi Gachagua Takes a New Turn in Impeachment Saga
In a dramatic development, Kenya’s Deputy President Rigathi Gachagua has formally withdrawn four petitions challenging his impeachment from the High Court. This move comes as a surprise, especially given the intense legal battle that has been unfolding since his ouster in October 2024. Gachagua, who made history as the first deputy president in Kenya to be impeached, is now shifting his legal strategy in a bid to have his impeachment declared unconstitutional.
The four withdrawn petitions, part of what the court termed as "Cohort 1," were initially filed to stop Parliament from impeaching Gachagua. However, with the impeachment already having taken place, these petitions have been overtaken by events. Gachagua’s legal team has stated, "We have firm instructions from our clients to withdraw our participation in the said proceedings," indicating a deliberate choice to focus on other legal avenues.
Gachagua’s impeachment was the culmination of a process initiated in the National Assembly, where he faced 11 charges including abuse of office, incitement, and breach of constitutional duties. The Senate later upheld five of these charges, sealing his fate. Despite this, Gachagua is determined to challenge the constitutionality of the impeachment process, with his legal team indicating that they will proceed with petitions aimed at having the impeachment invalidated by the High Court.
The legal landscape surrounding Gachagua’s impeachment has been complex, with the Court of Appeal recently ruling that the Deputy Chief Justice overstepped her authority by unilaterally constituting a bench to hear petitions related to the impeachment. The court emphasized that the power to empanel such benches lies exclusively with the Chief Justice, leading to the directive for a new bench to be appointed to hear the pending petitions.
As the legal battle continues, Gachagua’s decision to withdraw the four petitions signals a strategic shift in his approach. It remains to be seen how the High Court will rule on the remaining petitions and whether Gachagua’s efforts to have his impeachment declared unconstitutional will bear fruit. One thing is certain, however: this saga has marked a significant chapter in Kenya’s political and legal history, highlighting the complexities and challenges of the country’s constitutional framework. As the situation unfolds, the world watches with keen interest, awaiting the outcome of a case that could have far-reaching implications for Kenyan politics and beyond.
