Impeached Deputy President Rigathi Gachagua will discover if a three-judge panel will overturn an order that halted Kithure Kindiki’s swearing-in as the new Deputy President. Judges Eric Ogolla, Antony Mrima, and Freda Mugambi will rule following arguments from both sides.
Represented by Dr. John Khaminwa, Gachagua requested the court extend its order stopping Kindiki from assuming the Deputy President’s role, emphasizing that Kenya’s constitution offers “both hope and promise” and must be protected as supreme law. Gachagua argued that the process of appointing a new Deputy President requires public input, which he believes was neglected in Kindiki’s nomination.
Defending Gachagua, Elisha Ongoya stated that the court holds “unchallenged jurisdiction” to review impeachment procedures and insisted that upholding the constitution is in the “greatest public interest.” Gachagua maintains that his impeachment process violated constitutional principles, claiming he was denied due process by the Senate.
Veteran lawyer Khaminwa urged the judges to avoid lifting the conservatory orders, arguing that doing so could destabilize Kenya. He highlighted Gachagua’s public approval, stating that his removal would fuel political unrest.
On the opposing side, the Senate’s counsel argued that Gachagua had the chance to defend himself in Senate hearings but failed to attend, allegedly due to hospitalization, a claim unsupported by medical evidence, according to Prof. Tom Ojienda. The Senate maintained that it acted within its constitutional mandate, stating that Gachagua’s legal team deliberately left the proceedings.
Representing the Attorney General, Prof. Githu Muigai argued that the constitution allows checks through other branches and urged the court to vacate the order, noting the executive’s willingness to review Kindiki’s nomination if Gachagua’s impeachment is ultimately found unlawful. As both sides await the ruling, the court’s decision will carry significant weight for Kenya’s constitutional and political landscape.
