The hearing of former Deputy President Rigathi Gachagua’s impeachment cases has been postponed to December 16 following developments in the Supreme Court and Court of Appeal. The courts are currently handling two crucial appeals that will determine whether the impeachment trials proceed or remain suspended.
This delay marks yet another twist in the long-running legal and political battle surrounding Gachagua’s controversial removal from office. His legal team has repeatedly argued that the impeachment process was politically driven and marred by constitutional irregularities.
The Court of Appeal had earlier suspended the hearings of over 40 consolidated petitions challenging the legality of the impeachment process. The judges ruled that the matters must first await decisions on pending appeals, particularly those touching on the empanelment of judges and jurisdictional authority.
In May 2025, the Court of Appeal faulted Deputy Chief Justice Philomena Mwilu’s decision to assign a specific set of judges to hear Gachagua’s petitions. The court directed that Chief Justice Martha Koome should reconstitute the bench under Article 165(4) of the Constitution, which provides for the formation of a special panel in cases raising substantial constitutional questions.
Gachagua’s lawyers welcomed the ruling, saying it was a victory for due process and judicial independence. However, the delays have also sparked frustration among his supporters, who view the extended court timeline as a tactic to keep him politically subdued.
On the other hand, some legal experts argue that the courts are right to proceed cautiously given the complexity and sensitivity of the impeachment petitions. They maintain that the rulings by the higher courts will clarify constitutional procedures on how to handle impeachment cases involving top state officers.
As it stands, all eyes are now on December 16 when the courts are expected to either set new hearing directions or await further guidance from the Supreme Court. The outcome will have major political implications for Gachagua’s career and the broader Mt Kenya political landscape.
