The highest court of Kenya will deliver its essential verdict today regarding the extended legal battle that follows the impeachment proceedings against former Deputy President Rigathi Gachagua through its decision, which will transform the ongoing political and judicial dispute that has lasted for months.
The Supreme Court will consider a case involving four judges who need to decide if the High Court panel that resolved multiple constitutional challenges to the impeachment process was properly established according to Kenya’s Constitution. The case hinges on this technical question, which could lead to the court invalidating its previous decisions if the bench was incorrectly assembled.
The High Court panel had initially paused the impeachment process until it reached its decision to lift the conservatory orders, which suspended the proceedings in late 2024. The decision allowed Gachagua to be removed from office, which resulted in Kithure Kindiki being appointed as Deputy President.
Gachagua’s legal team maintains that Deputy Chief Justice Philomena Mwilu did not have the power to establish the original bench because Chief Justice Martha Koome was unavailable, which they argue should invalidate every decision that emerged from that panel.
The Supreme Court ruling on High Court bench validity will permit impeachment cases to move forward with existing judges, which will increase judicial power over parliamentary impeachment processes. A ruling that the panel was unconstitutionally constituted can impact Kenya’s legal and political systems, which will force a total review of the events that resulted in Gachagua’s removal from office.
Leave a Reply