Supreme Court to deliver key ruling in Gachagua impeachment case.

The Supreme Court of Kenya is poised to issue a significant decision today in the ongoing legal battle surrounding the impeachment of former Deputy President Rigathi Gachagua.
A four-judge bench at the apex court will rule on the constitutionality of a three-judge High Court panel—made up of Justices Eric Ogola, Anthony Mrima, and Freda Mugambi—that previously handled various petitions contesting Gachagua's removal from office.
The core dispute centers on whether Deputy Chief Justice Philomena Mwilu had the authority to form that High Court bench in October 2024, during a period when Chief Justice Martha Koome was unavailable. Gachagua's side maintains that this empanelment violated constitutional provisions, rendering the High Court's subsequent actions invalid.
To recap the events: Gachagua faced impeachment by the National Assembly and was ultimately ousted by the Senate in October 2024, based on allegations of gross misconduct and breaches of the Constitution. The High Court bench in question lifted earlier interim orders that had paused the process, allowing his removal to proceed and paving the way for President William Ruto to appoint Kithure Kindiki as the new Deputy President.
The upcoming Supreme Court determination will clarify whether the High Court bench was properly established. Should the justices uphold its legitimacy, the related cases could return to that panel for further review of the impeachment's substantive merits and parliamentary procedures. Conversely, a finding against the bench's formation could invalidate prior rulings and reopen key aspects of the matter.
This procedural-focused ruling—expected on January 30, 2026—carries major implications for judicial oversight of impeachment processes and the balance of powers in Kenya's constitutional framework, though it does not represent a final verdict on the impeachment itself. All parties and observers await the outcome, which could influence the trajectory of Gachagua's legal challenges.


