
The High Court has dramatically postponed the impeachment hearing of former Deputy President Rigathi Gachagua until December 16, 2025, after a three-judge bench vacated all earlier hearing dates in light of overlapping appeals challenging the legality of the judicial panel.
This is a major setback for impeachment proceedings that have already gripped Kenya’s political landscape. The decision hinges on constitutional questions now before the Court of Appeal and the Supreme Court—questions that could determine the legitimacy not just of Gachagua’s case, but the structure of judicial authority itself.
Appeals Freeze Action.
Gachagua’s legal team and key respondents had moved to stay the impeachment process, pointing out that more than 40 related petitions have been suspended until the appeals are resolved. The core of the dispute: whether Deputy Chief Justice Philomena Mwilu had the lawful authority to empanel the bench overseeing impeachment matters.
At the proceeding, defense counsel Ndegwa Njiru warned the court that commencing hearings before the superior courts ruled on the appeal would undercut constitutional order and potentially render subsequent rulings void. Justice Freda Mugambi, speaking for the panel, said the prudent course was to await clarity from higher courts.
Political Flashpoint: Impeachment vs. Legal Principle.
Gachagua’s impeachment has been a lightning rod for controversy ever since he was removed from office by the Senate in October 2024. He has long argued that his ouster was politically motivated and riddled with procedural flaws. The newly postponed schedule amplifies tension over whether Kenya’s judiciary will allow politics or principle to prevail.
National Assembly and other parties had challenged the appellate ruling that stripped the DCJ of power to constitute multi-judge benches. The Assembly argues this erodes constitutional continuity and judicial administration. Meanwhile, critics say the constitutional dispute is being weaponized to stall proceedings and protect powerful figures.