By Miles Muisyo
For Obinna TV Studios
The impeachment of former Deputy President Rigathi Gachagua in October 2024 marked a historic first in Kenya’s constitutional history under the 2010 Constitution. It was the first successful removal of a sitting Deputy President through the parliamentary impeachment process. As of June 8, 2026, the High Court has upheld the procedural validity of the impeachment, though legal challenges continue.
Background and Political Context
Rigathi Gachagua, elected alongside President William Ruto in the 2022 general elections on a Kenya Kwanza ticket, served as Deputy President until his removal. Tensions between the two leaders reportedly escalated, leading to a deterioration in their working relationship. On October 1, 2024, Kibwezi West MP Eckomas Mwengi Mutuse introduced a motion in the National Assembly to impeach Gachagua.
The motion listed 11 charges against him, including:
- Gross violation of the Constitution (various articles covering national values, leadership integrity, and devolution).
- Inciting ethnic divisions and promoting ethnic discrimination through public speeches.
- Undermining the President and the Cabinet.
- Corruption and irregular acquisition of wealth (allegations of amassing assets worth billions of Kenyan shillings).
- Attacking state institutions, such as the National Intelligence Service (NIS).
- Violating his oath of office.
Gachagua denied all charges, describing them as politically motivated.
The Impeachment Process
National Assembly (October 8, 2024):
The lower house voted overwhelmingly in favor of the motion, with 281 MPs supporting impeachment, 44 against, and one abstention. This met the required threshold and forwarded the matter to the Senate.
Senate Trial (October 16–17, 2024):
Gachagua appeared before the Senate on October 16 and pleaded not guilty. However, on the second day, he was absent due to reported hospitalization for chest pains. The Senate proceeded with the hearing.
Senators upheld five of the 11 charges, primarily related to:
- Inflaming ethnic tensions and divisive speeches.
- Promoting ethnic discrimination.
- Violating his oath of office.
- Attacking the NIS.
He was cleared on the remaining six charges, including some corruption-related counts. A two-thirds majority of the 67 senators voted to remove him from office on October 17, 2024, making him the first Deputy President removed via impeachment in Kenya.
Immediately after, President Ruto nominated Prof. Kithure Kindiki as the new Deputy President, who was subsequently sworn in.
Legal Challenges
Gachagua and his allies filed multiple petitions challenging the process on grounds such as:
- Lack of adequate public participation.
- Alleged bias by the Speakers of both houses.
- Violation of his right to a fair hearing (due to his hospitalization).
- Procedural irregularities and rushed timelines.
The case progressed through the courts:
- Initial High Court suspensions and hearings.
- Appeals to the Court of Appeal and Supreme Court (which, in January 2026, declined to halt proceedings).
- By May 2026, the matter reached final submissions before a three-judge High Court bench.
High Court Ruling (June 8, 2026):
A three-judge bench ruled that the National Assembly and Senate followed constitutional procedures. The court found that public participation was adequate and dismissed claims of bias. It emphasized that it reviewed only the process, not the merits of the charges. Gachagua’s team has indicated plans for further appeals, while also seeking compensation.
Significance
The Gachagua impeachment underscores the functionality of Kenya’s constitutional mechanisms for checks and balances. It highlights ongoing tensions in executive relationships and the role of ethnicity in Kenyan politics. While critics viewed it as a political purge, supporters saw it as accountability for alleged misconduct.
As Kenya heads toward the 2027 elections, the case continues to shape political alliances and discourse. Gachagua remains active in politics through the Democracy and Economic Party (DEP) and has vowed to fight the ruling.