Supreme Court has delivered a nuanced and far-reaching ruling in the protracted legal battle arising from the October 2024 impeachment of former Deputy President Rigathi Gachagua, handing him a partial win while allowing impeachment-related proceedings to continue at the High Court.
In a decision delivered on January 30, 2026, the apex court dismissed two consolidated applications filed separately by Gachagua and the National Assembly, declining to grant the orders sought by either party. The court, led by Chief Justice Martha Koome, ruled that the applications failed to meet the legal threshold for summary dismissal or direct intervention.
At the core of the dispute is whether Deputy Chief Justice Philomena Mwilu had the constitutional authority to empanel a three-judge High Court bench – Justices Eric Ogola, Anthony Mrima, and Freda Mugambi, in the absence of Chief Justice Koome. That bench lifted conservatory orders that had temporarily blocked Gachagua’s impeachment, clearing the way for his removal and the subsequent appointment of Kithure Kindiki as Deputy President.
In its ruling, the Supreme Court declined Gachagua’s request to block the National Assembly’s appeal or halt ongoing High Court proceedings, holding that it lacked jurisdiction to “frog-leap” the Court of Appeal. “The Court cannot frog-leap the Court of Appeal to provide relief to a party before the High Court,” the judges ruled, emphasizing that constitutional judicial hierarchy must be respected.
However, in a significant development, the court allowed Gachagua to proceed with his cross-appeal on allegations of judicial bias in the impeachment process. The judges held that the matter raises substantive constitutional questions relating to the right to a fair hearing and cannot be dismissed as a mere technicality.
“The issue touches on the constitutional right to a fair hearing and warrants full consideration,” the court noted, giving Gachagua an opening to challenge the impartiality of the process even as the broader impeachment case continues.
Gachagua’s legal team, led by Senior Counsel Paul Muite and Dudley Ochiel, has long argued that the High Court bench was an “illegal entity,” citing Article 165(4) of the Constitution, which they say vests the power to empanel multi-judge benches exclusively in the Chief Justice. Public debate over the case has been intense, with online forums reflecting widespread concern over judicial procedure and constitutional safeguards.
Legal analysts describe the ruling as a measured balance between procedural restraint and constitutional protection. While the decision is a victory for the National Assembly and the Executive in keeping the impeachment process alive, Gachagua’s successful bid to pursue his cross-appeal ensures the legal contest is far from settled.
Bottom line: Gachagua has secured a partial win on fair hearing grounds, but the impeachment battle remains firmly in play as the case returns to the High Court for substantive determination.
