The High Court has upheld the impeachment of former Deputy President Rigathi Gachagua, dismissing a series of consolidated petitions that sought to overturn his removal from office.
In a landmark judgment delivered on Monday, June 8, 2026, a three-judge bench comprising Justices Eric Ogolla, Anthony Murima, and Fridah Mugambi ruled that both the National Assembly and the Senate acted within the confines of the law during the impeachment process.
The court found that Parliament had the constitutional authority to consider and determine the impeachment proceedings against Gachagua and rejected arguments that the process was invalid due to the failure to fully implement the two-thirds gender principle.
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According to the judges, while the gender principle remains an important constitutional requirement, its implementation does not affect Parliament’s mandate to conduct impeachment proceedings.
“The issue of the two-thirds gender principle does not deprive Parliament of its constitutional authority to undertake its legislative and oversight functions, including impeachment proceedings,” the court held.
The bench further upheld the validity of the Parliamentary Standing Orders that guided the impeachment process, finding that the procedures followed by both Houses of Parliament were lawful and constitutional.
On the question of public participation, the court ruled that the National Assembly adequately conducted public participation in accordance with constitutional requirements before proceeding with the impeachment motion.
The judges also dismissed allegations that key players in the process, including the Speakers of the National Assembly and Senate, Members of Parliament, and Senators, were biased against Gachagua.
In the judgment, Justice Eric Ogolla noted that political affiliation alone cannot be used as evidence of constitutional bias.
“The mere fact that legislators belong to particular political parties, hold political views or have publicly expressed opinions on an impeachment matter does not, by itself, constitute constitutional bias or invalidate impeachment proceedings,” Justice Ogolla stated.
The ruling marks a significant legal victory for Parliament and effectively affirms Gachagua’s removal from office following his impeachment by the National Assembly and subsequent conviction by the Senate.
The decision is expected to have far-reaching political and constitutional implications, particularly regarding the interpretation of parliamentary powers and the threshold for challenging impeachment proceedings in court.
More details are expected as stakeholders react to the judgment.