Kenya’s High Court has upheld the impeachment of former Deputy President Rigathi Gachagua, dealing a significant blow to his Gachagua presidential bid ahead of the 2027 general election.
A three-judge bench comprising Justices Eric Ogola, Anthony Mrima and Freda Mugambi delivered the landmark ruling on Monday, rejecting multiple challenges that Gachagua had mounted against the impeachment process.
The court held that while judges retain jurisdiction to interpret the Constitution and determine whether constitutional limits were observed, they cannot reverse a completed impeachment of a deputy president where the Constitution provides a self-executing process.
What the court found
The National Assembly and the Senate submitted during the hearing that Gachagua’s impeachment was constitutionally valid, procedurally proper, and politically necessary to uphold accountability and the rule of law. The bench found no evidence of bias by the speakers of the National Assembly and the Senate, ruling that their roles were purely facilitative.
However, the judges did not leave the ruling entirely in the government’s favour.
The court found that the Senate had violated Gachagua’s right to a fair trial by refusing to adjourn proceedings when he was ill. It awarded him Sh50 million in damages, payable by the Senate. The finding could become an important argument for lawyers seeking to revive the Gachagua presidential bid through the appeals process.
During the October 2024 Senate session, Gachagua had been admitted to hospital with severe chest pains. His lawyer, Senior Counsel Paul Muite, urged senators to pause proceedings for a couple of days, but the Senate pressed ahead with the vote.
The High Court ruling deals a direct blow to the Gachagua presidential bid. Questions over his eligibility to contest in 2027 are no longer hypothetical, they are now backed by a court decision.
How the impeachment unfolded
Kenya’s National Assembly moved against Gachagua in October 2024, charging him with self-enrichment and stoking ethnic hatred. The motion sailed through with 281 votes in favour, against 44 opposed and one abstention — well above the two-thirds threshold required.
The Senate subsequently upheld the National Assembly’s decision, finding him guilty on charges that included making inflammatory statements to stir ethnic hatred and undermining the judiciary.
The Senate found the former deputy president guilty on five of the eleven grounds put before them, while absolving him on the remaining six charges.
Political observers note that the impeachment process has become the central obstacle facing the Gachagua presidential bid and any effort to return to high-level public office.
A 2027 presidential bid under threat
The ruling now casts a long shadow over the Gachagua presidential bid, which he had been pushing since his removal from office.
Kenya’s Constitution, specifically under Chapter Six on Leadership and Integrity, sets high standards for those seeking public office. Article 75(3) of the Constitution states that a person who has been removed from office for a violation of the Constitution or any other law is disqualified from holding any other state office.
The ruling weakens his ambition to run for president, as impeachment bars him from holding public office. Legal experts say the Gachagua presidential bid now faces significant constitutional hurdles unless a higher court overturns the impeachment decision.
Gachagua had banked on his court challenge to keep him on the ballot. He told Citizen Digital in March 2026 that the case had not run its full legal course and that he still planned to contest the 2027 election. He also said the attention surrounding his impeachment had worked in his favour. “If you look today, every newspaper is talking about me,” he said.
Ahead of Monday’s ruling, Gachagua said he was prepared to pursue all available legal avenues, including appeals to the Court of Appeal and the Supreme Court if necessary, arguing that an active court case should not bar anyone from seeking elective office until all constitutional remedies have been exhausted.
His appeal strategy reflects the importance of preserving the Gachagua presidential bid as the political landscape begins to take shape ahead of the 2027 election.
Legal team to appeal
Kirinyaga Woman Representative and lawyer Njeri Maina, who is part of his legal team, described the ruling as “gravely disappointing” and announced that the team would challenge it at the Court of Appeal. Speaking outside Milimani Law Courts shortly after the ruling on Monday, Maina said Gachagua had accepted the outcome peacefully and urged his supporters to remain calm as the legal process continues.
The legal challenge is expected to determine whether the Gachagua presidential bid remains viable under Kenya’s constitutional framework.
Another member of his legal team, Ndegwa Njiru, questioned why the court declined to overturn the impeachment despite finding that his rights had been violated. Njiru described the decision as inconsistent and said it left key legal questions unresolved, calling it “judicial nonsense.
The court also called on Parliament to enact a dedicated statutory framework to govern future impeachment proceedings for a deputy president under Article 150 of the Constitution, directing each party to bear its own costs given the public interest nature of the case.
Political fallout
Political analyst Dismas Mokua said Gachagua had succeeded in transforming his political troubles into an asset, converting a crisis into an opportunity and becoming a major factor in the 2027 election equation, whether or not he pursues the presidency directly.
The Gachagua presidential bid now hinges entirely on the outcome of proceedings at the Court of Appeal, and ultimately the Supreme Court. ODM Secretary General Edwin Sifuna had previously stated that under the Constitution of Kenya, once one is impeached they cannot be cleared to contest, describing Gachagua as ineligible and questioning why his name continued to circulate as a viable presidential candidate.
Gachagua was not in court when the 350-page ruling was handed down. Ahead of the ruling, he had urged his supporters to remain calm and asked them to wait for the 2027 elections to “express their anger at the ballot box.”
Despite the setback, supporters argue that the Gachagua presidential bid still retains momentum among sections of the electorate pending the outcome of further appeals.
