Opposition, State brace for Supreme Court showdown over Gachagua impeachment

All eyes are on the Supreme Court ahead of Friday’s ruling in the case arising from the impeachment of former Deputy President Rigathi Gachagua.

The court is expected to issue a decision on Friday that will address procedural questions linked to the 2024 impeachment, rather than deliver a final judgment on its legality.

Even so, the ruling could significantly influence the course of the case and Kenya’s constitutional balance.

The case pits the National Assembly against Mr Gachagua over how courts handled challenges to his impeachment.

Parliament maintains that the impeachment followed the Constitution and its internal procedures. Mr Gachagua argues that the process was undermined by procedural flaws that denied him proper judicial consideration.

The Supreme Court is now being asked to clarify how far courts can go when reviewing parliamentary impeachment processes.

Legal observers expect the judges to focus on whether the High Court benches that heard impeachment-related petitions were properly constituted.

The court may also rule on the validity of interim and interlocutory decisions issued during the litigation.

Another key issue is the scope of judicial intervention in impeachment matters, particularly where Parliament claims constitutional finality.

The ruling will determine whether parts of the case can proceed, be revisited, or be conclusively closed.

Mr Gachagua was impeached by the National Assembly in October 2024, with the Senate upholding the decision later that month.

His removal marked the first successful impeachment of a deputy president in Kenya’s history.

In the months that followed, he filed several legal challenges contesting both the impeachment process and the court procedures that handled his petitions.

Some applications were dismissed, while others were withdrawn as his legal strategy evolved.

In 2025, Mr Gachagua sought compensation for the remainder of his term, arguing that the impeachment was unconstitutional and unlawful.

Alongside the court battles, he re-entered active politics and later launched the Democracy for the Citizens Party, positioning himself within the opposition ahead of the next election cycle.

Although procedural, Friday’s ruling carries wider implications.

A decision favouring Mr Gachagua could reopen legal avenues and weaken the finality of impeachment decisions.

A ruling backing Parliament would reinforce legislative authority and narrow judicial review in future impeachments.

Beyond this case, the decision will shape how political disputes are handled by the courts.

It will also influence public confidence in constitutional accountability and the separation of powers.

Friday’s ruling may not be the final word, but it will define the legal boundaries of the fight.