Kenya court upholds Gachagua impeachment despite fair hearing concerns

Kenya’s High Court kept Rigathi Gachagua out of office and strengthened William Ruto’s position inside a strained ruling coalition, even as judges found the Senate denied the former deputy president a fair hearing. A three-judge bench in Nairobi, composed of Eric Ogola, Anthony Mrima and Freda Mugambi, upheld the impeachment, upheld Kithure Kindiki’s appointment as deputy president and ordered KSh50 million in damages.

The ruling lands as a major test of how far Kenya’s constitutional checks can reach once Parliament has already moved to remove a senior official. The judges said Parliament substantially complied with constitutional requirements, including public participation, and rejected claims that the process was invalid because of the two-thirds gender principle. They also upheld the standing orders that required impeachment proceedings to be completed within 10 days, while recommending changes to the rules.

At the same time, the bench found a clear due-process failure. It said the Senate violated Gachagua’s right to a fair hearing when it declined to adjourn proceedings despite his absence after he fell ill and did not testify. That split finding, preserving the removal while faulting part of the process, gives the case unusual weight in a political system where impeachment can serve as both a legal remedy and a weapon in elite competition.

The case grew out of the bitter break between Gachagua and Ruto after the 2022 election, when the two ran together and won in a closely contested race. The National Assembly backed the special motion on October 8, 2024, with 282 members supporting impeachment on 11 grounds, and the Senate voted on October 17, 2024, to remove him, making him the first Kenyan deputy president impeached under the 2010 Constitution. The Senate later upheld five of the charges.

By leaving the impeachment intact, the court narrows Gachagua’s formal leverage even as he remains politically relevant through his allies and regional base. It also removes a major legal obstacle for Ruto, whose administration had been burdened by the fallout from the split with his deputy and by the wider unrest that shook Parliament in 2024.

Gachagua has said he will appeal, ensuring the dispute continues beyond the High Court. For now, the ruling stands as both a validation of Parliament’s authority and a warning that Kenya’s institutions can sanction a flawed process without overturning its result.