On Thursday, November 7, the High Court scheduled a new hearing date for the petitions challenging the impeachment of former Deputy President Rigathi Gachagua, setting it for January 23, 2025. The case is being handled by a three-judge bench comprising Justices Eric Ogola, Frida Mugambi, and Anthony Mrima, which effectively defers a final decision on Gachagua’s removal.
“The matter of the hearing of petitions filed challenging the impeachment of former Deputy President Rigathi Gachagua is fixed for further direction on Thursday, January 23, 2025,” stated Justice Ogola.
This follows Gachagua's recent decision to withdraw a related petition from the Court of Appeal. His legal team, led by Senior Counsel Paul Muite, explained that the withdrawal was due to the case being “overtaken by events” with the swearing-in of Deputy President Kithure Kindiki.
Gachagua had previously contested the legitimacy of the three-judge bench, arguing that it was improperly constituted by Deputy Chief Justice Philomena Mwilu instead of Chief Justice Martha Koome. However, the High Court lifted the conservatory orders that temporarily blocked Kindiki’s appointment, clearing the way for his swearing-in.
Justice Mrima emphasized that leaving the office of the deputy president vacant would interfere with government functions. “The current constitutional framework does not envision any scenario in which the office of the DP would remain vacant except during the brief period required to fill a vacancy,” he noted.
Following the transition, Gachagua urged the public to support the government and hinted at a possible return to politics from his home in Mathira.