The High Court of Kenya has upheld the impeachment of former Deputy President Rigathi Gachagua. In a Monday ruling, the three-judge bench hearing the 2024 case stated that the National Assembly followed the correct legal procedures under the current constitution.
The judges ruled that the current constitution provides no alternative mechanism to reverse an impeachment, and the court lacks the jurisdiction to overturn the removal from office once a new Deputy President has been appointed.
Violation of Rights vs. Constitutional Process
Additionally, the Court noted that Parliament violated Gachagua’s rights by proceeding with the impeachment motion despite his hospitalization. However, the court maintained that this alone was not sufficient to overturn his removal.
The Court also found that the appointment of Kithure Kindiki as Deputy President followed the correct constitutional procedure.
A Small Reprieve
Nevertheless, it was a minor victory for Gachagua after the Court awarded him KSh 50 million in compensation following the violation of his rights during the impeachment process.
