The High Court has delivered a resounding affirmation of constitutional order and parliamentary authority, effectively systematically dismantling the legal challenges brought by former Deputy President Rigathi Gachagua against his October 2024 impeachment.
In a meticulously detailed judgment delivered on Monday, June 8, 2026, the three-judge bench comprising Justices Eric Ogola, Anthony Mrima, and Frida Mugambi threw out the core pillars of Gachagua’s consolidated petitions. The decision not only solidifies the position of Deputy President Prof. Kithure Kindiki but also validates the robust legislative procedures adopted by both the National Assembly and the Senate.
A masterclass in the rule of law
The bench masterfully balanced the doctrines of judicial oversight and the separation of powers. While affirming that the High Court maintains the jurisdiction to review impeachments for constitutional compliance, the judges made it clear that Parliament operated entirely within its legal mandates.
Significantly, the court dismissed allegations of bias, predetermination, or political conspiracy among the Speakers, movers of the motion, and legislators. The judges firmly ruled that the accusations amounted to “mere suspicion and political dissatisfaction,” reinforcing the principle that elected leaders are free to hold political perspectives without violating the Constitution.
Public participation legitimized
One of Gachagua’s heaviest legal anchors—the claim that public participation was flawed—was entirely neutralized by the court. The bench ruled that the National Assembly conducted a constitutionally sufficient exercise through reasonable notice and multiple engagement channels.
Addressing localized operational hurdles, the court noted:
“It is to be expected, even accepting as we do that logistical and operational challenges may have arisen in certain isolated cases… such localized deficiencies would not invalidate the entire process. The evidence before this court shows that the door was opened widely, accessibly, and in good faith.”
Furthermore, the bench clarified that the Senate was under no constitutional obligation to run a separate public participation process. In a major win for the current executive setup, the court ruled that public participation is completely unnecessary for the nomination and approval of a new Deputy President under Article 149, describing the article as “self-executing.” This completely secures Prof. Kithure Kindiki’s tenure and legitimacy.
Shifting goalposts and financial demands
Notably, Gachagua chose to skip the historic court session entirely. Instead of fighting for the outright reinstatement his team initially sought, his legal strategy shifted toward a financial exit package. Having abandoned the quest to reclaim the seat, his team sought over Sh80 million in compensation and damages—including an estimated Sh56 million for salaries and gratuity for the remainder of the unserved term.
By declining to defer or halt the judgment to accommodate these shifting demands, the court demonstrated that constitutional processes cannot be paused for personal convenience or financial bargaining.
| Key Court Determinations | Practical & Political Implications |
| Public Participation Validated | Solidifies Parliament’s handling of large-scale constitutional processes. |
| Article 149 Ruled “Self-Executing” | Permanently secures Prof. Kithure Kindiki’s legitimacy as DP. |
| Standing Orders Upheld | Affirms the legality of timelines and rules used by both Houses. |
| Two-Thirds Gender Claim Dismissed | Non-compliance with the gender principle does not strip the House of its authority. |
Looking Ahead: The 2027 Horizon
While Gachagua’s legal team has signaled intentions to move to the Court of Appeal and eventually the Supreme Court, the legal ground beneath them has fundamentally shifted. The High Court restricted its scope strictly to process compliance rather than the merits of the deep-seated charges—which included gross misconduct, judicial intimidation, and ethnic incitement via his infamous “shareholding” remarks.
Politically, the ruling provides a stable tarmac for the government. It firmly anchors Deputy President Kindiki heading into the 2027 electoral cycle. Conversely, Gachagua’s recent efforts to position himself as a victimized regional kingpin—hosting opposition figures like Kalonzo Musyoka and Eugene Wamalwa just hours before the verdict—appear more like optics than a viable path back to state power. Facing statutory bars on holding public office due to an upheld impeachment, the former DP’s 2027 presidential ambitions face an incredibly steep, almost insurmountable legal cliff.
