08/06/2026
It is OFFICIAL: High Court upholds Rigathi Gachagua's impeachment
The High Court's ruling on his impeachment case was based on seven key issues. Here is how the court settled each of them:
1) JURISDICTION
The courts have jurisdiction to hear and determine impeachment cases.
2) BIAS
Claims of bias and predetermination were found to be unsubstantiated.
3) PUBLIC PARTICIPATION
The court held that there was adequate notice and a meaningful opportunity for the public to participate.
4) CONSTITUTIONALITY OF THE STANDING ORDERS
The timelines for public participation are not constitutionally prescribed. Parliament is therefore free to set its own timelines.
5) COMPOSITION OF THE NATIONAL ASSEMBLY AND THE IEBC
The courts have previously ruled that the National Assembly is lawfully constituted. The presence or involvement of the IEBC was deemed irrelevant to this process.
6) CONSTITUTIONAL PROCESS
The expeditious nomination and gazettement of H.E. Prof. Kithure Kindiki were not unconstitutional. The Constitution gives the President 14 days to appoint a replacement, but it does not require him to use the entire period.
The Senate therefore had no option but to establish a special committee. Proceeding directly to a plenary hearing was not envisioned by the Constitution. However, the court deferred to the Supreme Court's decision in the Sonko vs County Assembly of Nairobi case, where the plenary route was upheld.
7) FAIR ADMINISTRATIVE ACTION AND FAIR HEARING
The court found that Gachagua's rights were infringed. However, this did not invalidate the impeachment due to the principle of finality. According to the court, overturning the impeachment would create the constitutional absurdity of dual incumbency.
CONCLUSION: Gachagua stands impeached and is unfit to hold a public office.