A three judge bench of Kenya’s High Court has upheld the impeachment of former Deputy President Rigathi Gachagua, bringing a major legal challenge to an end while reinforcing Parliament’s authority over the impeachment process.
The court ruled that impeachment is primarily a legislative function and that judges cannot substitute Parliament’s judgment on the grounds for removing a deputy president from office.
While acknowledging procedural concerns, the judges said the final outcome remained valid under the Constitution.
The court found that Gachagua’s constitutional right to a fair hearing was infringed when the Senate declined to adjourn proceedings despite his illness during the impeachment hearings in October 2024.
Judges agreed that proceeding while the former deputy president was hospitalized denied him a full opportunity to defend himself against the charges.
As a result, the court awarded Gachagua 50 million Kenyan shillings in damages for the violation of his rights.
However, the bench ruled that the infringement alone was not sufficient to invalidate the impeachment.