High Court sets June 8 judgment date in Gachagua ouster challenge

Former Deputy President Rigathi Gachagua will know on June 8 whether the courts will uphold or overturn his impeachment after a three-judge bench concluded hearing consolidated petitions challenging his removal from office and reserved its judgment.

The case, which has attracted widespread public and political attention, seeks to determine whether the impeachment process that led to Gachagua's removal in October 2024 met constitutional and legal requirements.

Announcing the next step after five days of hearings, Justice Eric Ogolla said the bench would retreat to prepare its decision.

"We will retire and prepare a judgment bringing these proceedings to a close. We hope to do that on June 8 in the ceremonial hall at 11 am," Justice Eric Ogolla stated.

The petitions challenge both the constitutionality and legality of the impeachment process undertaken by the National Assembly and later upheld by the Senate.

Among the remedies sought, Gachagua wants the court to declare his impeachment unconstitutional and unlawful. He is also seeking compensation equivalent to the salary and benefits he would have earned had he completed his five-year term after being elected in 2022.

His legal team argues that the process was flawed from the outset, claiming he was denied a fair hearing and that the proceedings moved too quickly for him to adequately defend himself.

The lawyers further contend that public participation, a key constitutional requirement, was not sufficiently carried out, making the entire impeachment process invalid.

A major issue raised during the hearing was whether Gachagua was given enough opportunity to respond to the allegations against him before lawmakers voted on his removal.

His lawyers maintained that constitutional protections were not fully observed and that the speed with which the process was conducted undermined fairness.

The question of his health at the time of the Senate proceedings also featured prominently in the case.

His doctor, Dr Daniel Gikonyo, appeared before the court and was cross-examined as judges examined claims that illness affected Gachagua's ability to participate fully in the impeachment proceedings.

Lawyers representing Parliament, the Senate and other respondents rejected the claims raised by Gachagua's side, insisting that the process complied with constitutional and legal requirements.

They argued that he was accorded a fair hearing and had legal representation throughout the proceedings.

Deputy President Kithure Kindiki's legal team also challenged claims relating to Gachagua's health, arguing that illness had been used to avoid Senate cross-examination.

That position was strongly opposed by Dr Gikonyo, who maintained that the former Deputy President was genuinely ill and receiving medical treatment at the time.

Parliament and the Senate defended every stage of the impeachment process, maintaining that it was conducted within the timelines provided by law and followed due process.

They further argued that public participation was carried out through various channels and met the threshold required under the Constitution.

The Senate also questioned some of the evidence introduced before the High Court, including testimony from Gachagua's doctor, arguing that it did not form part of the official impeachment record and should therefore not influence the court's determination.

The proceedings have at times featured sharp exchanges among lawyers representing the different parties, alongside moments of sarcasm, laughter and light-hearted interactions despite the seriousness of the issues before the court.

The matter has drawn considerable public interest because of its political implications and its potential impact on how future impeachment cases are handled in Kenya.

The bench comprising Presiding Judge Eric Ogolla, Freda Mugambi and Anthony Mrima will now determine whether the impeachment process complied with the Constitution or whether it should be invalidated.

The judgment, expected on June 8, will bring to a close one of the country's most closely watched political and legal battles, with the outcome set to determine the future of Gachagua's challenge against his removal from office.