Blow to Gachagua as Supreme Court dismiss petition on his impeachment case

 The Supreme Court of Kenya has delivered a ruling on January 30, 2026, in the ongoing legal battle related to the impeachment of former Deputy President Rigathi Gachagua.

According to reports from The Kenya Times and other sources, the court dismissed two key applications: one filed by Gachagua and another by the National Assembly. This development is described as a significant blow to Gachagua's efforts to challenge or revisit aspects of his impeachment process.

Background Context of the Case

Gachagua was impeached by the National Assembly and Senate in October 2024 on charges including gross misconduct.

Subsequent court challenges followed, including disputes over whether a three-judge High Court bench (empanelled by Deputy Chief Justice Philomena Mwilu in the absence of the Chief Justice) was constitutionally valid.

That High Court bench had lifted conservatory orders blocking the impeachment, allowing it to proceed and leading to his removal (with Kithure Kindiki appointed as the new Deputy President).

The Court of Appeal had previously ruled in May 2025 that the empanelment was unlawful, but appeals escalated to the Supreme Court.

The Supreme Court decision (from a four-judge bench) addressed the legality of that High Court panel's constitution and related applications, ultimately dismissing them.

This verdict appears to affirm the validity of the prior judicial processes in key respects, preventing further disruption to the impeachment outcome on procedural grounds raised. It does not revisit the substantive merits of the impeachment charges themselves but focuses on the bench constitution and applications before it. This marks a major setback for Gachagua's legal pushback against his removal from office.