The legal challenge against the impeachment of Deputy President Rigathi Gachagua is set to begin in court on Monday, marking a critical phase in a dispute that has drawn national attention and political debate.
Lawyer Wahome Thuku confirmed that the hearings are expected to run through to Wednesday, with multiple petitions likely consolidated for determination.
While the official court schedule had not been publicly confirmed at the time of his remarks, Thuku indicated that the proceedings would offer a decisive legal platform for resolving the matter.
“The hearing of cases challenging the impeachment will start on Monday and run through to Wednesday,” Thuku said, adding that he was awaiting finer procedural details.
The case shifts the contest from Parliament to the Judiciary, following a heated impeachment process that played out in the Senate. Thuku sharply criticized the legislative proceedings, arguing that the courts would provide a more impartial forum.
“Courts are not kangaroo forums like our Senate,” he stated, expressing confidence in the Judiciary’s ability to deliver a fair and independent verdict.
Gachagua, who is seeking to overturn the impeachment and be reinstated to office, is expected to anchor his case on constitutional grounds. According to Thuku, key legal questions are likely to emerge during the hearings, including the Deputy President’s political affiliations and leadership status.
Among the issues expected to arise is whether Gachagua has formally resigned from the ruling party, United Democratic Alliance (UDA), and whether he has joined or leads the Democratic Change Party (DCP), as has been speculated in political circles.
“One critical question… is whether Gachagua has officially resigned from UDA and joined DCP,” Thuku noted, adding that such matters could be clarified during the proceedings.
Legal analysts indicate that the court’s determination will hinge on whether due process was followed during the impeachment and whether constitutional thresholds were met.
The outcome could set a precedent for future impeachment proceedings involving high-ranking public officials.
Beyond the legal implications, the case carries significant political weight ahead of the 2027 General Election. Thuku projected that a favourable ruling for Gachagua could reshape the opposition landscape, positioning him as a central figure in national politics.
“If cleared, there will be no reason why he will not be the sole opposition flag bearer in 2027,” he said, while also suggesting a potential political contest between Gachagua and President William Ruto.
However, such projections remain speculative, with political observers cautioning that the immediate focus remains on the court’s determination.
The hearings come at a time of heightened political tension, with both supporters and critics of the impeachment closely watching the Judiciary’s next move.
For Gachagua, the court process represents an opportunity to challenge the legality of his removal and seek reinstatement to one of the country’s highest offices.
