NAIROBI, Kenya — Former Deputy President Rigathi Gachagua has formally presented a series of demands before the High Court as proceedings continue in the constitutional challenge against his 2024 impeachment.
Appearing before a three-judge bench on Thursday, Gachagua’s legal team argued that the process leading to his removal from office violated multiple provisions of the Constitution and failed to meet the legal threshold for public participation and due process.
The petition is being heard by Justices Erick Ogolla, Anthony Mrima and Freda Mugambi, who are expected to issue directions on pending applications and hear substantive arguments surrounding the legality of the impeachment proceedings.
Gachagua, who became the first Deputy President in Kenya’s history to be impeached, is seeking declarations that the process conducted by both the National Assembly and the Senate was unconstitutional.
According to court submissions by his legal team, the impeachment violated Articles 10, 47, 50, 118 and 145 of the Constitution, which relate to national values, fair administrative action, fair hearing, public participation and the removal process of a Deputy President.
The lawyers further argued that the public participation exercises conducted on October 4 and 5, 2024, did not meet constitutional standards.
“The modalities of public participation held on October 4 and 5, 2024, were below the threshold of proper and meaningful public participation as required by the Constitution,” the legal team submitted.
The petitioners also faulted the Senate for allegedly proceeding with impeachment hearings without establishing a select committee, arguing that such a committee is mandatory in proceedings involving the removal of a President or Deputy President.
They further asked the court to declare that impeachment proceedings conducted outside a select committee framework were unconstitutional.
“Standing order 64 (2) should be declared constitutional since it provided timelines not compatible with constitutional requirements,” a lawyer said.
Gachagua’s team is additionally seeking orders to quash the National Assembly resolution passed on October 8, 2024, and the Senate resolution adopted on October 17, 2024, which upheld his impeachment.
The former Deputy President is also demanding compensation for lost remuneration, damages and benefits arising from what he terms an unlawful and procedurally flawed removal from office.
The case continues to attract significant political and constitutional interest, with legal analysts viewing it as a major test of Kenya’s impeachment framework and the balance of power between Parliament and the judiciary.
Since his ouster, Gachagua has repeatedly claimed that lawmakers were influenced through bribery to support his removal, allegations that intensified political tensions within the ruling coalition and opposition-aligned factions.
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The impeachment proceedings in 2024 followed months of political disagreements between Gachagua and allies of President William Ruto, exposing deep fractures within the Kenya Kwanza administration.
Constitutional experts say the outcome of the petition could shape future impeachment processes in Kenya by clarifying the scope of parliamentary powers, public participation requirements and judicial oversight in high-level political removals.
The court is expected to issue further directions on the matter in the coming sessions.
