Gachagua's impeachment: What Parliament and Attorney General have told court

Deputy President Rigathi Gachagua’s impeachment, confirmed by the National Assembly on October 8, 2024, and by the Senate on October 17, 2024, has sparked a legal challenge.

Gachagua has contested his removal, but Parliament and the Attorney General have presented arguments justifying his ouster.

Key points include that Gachagua ceased holding office as DP on October 17, leaving no grounds for the High Court to intervene.

They also argued that Interior Cabinet Secretary Kithure Kindiki should step in to fill the vacancy, as Gachagua lost his chance to defend himself effectively before the Senate.

The Attorney General emphasized that the High Court lacks jurisdiction over cases involving the impeachment of high-ranking officials like the Deputy President.

Furthermore, they argued that Kenyans did not foresee court involvement in the impeachment process, and the National Assembly was not required to present Gachagua’s defense to the public, thus asserting the process’s procedural validity.