Former Deputy President Rigathi Gachagua…Photo CG
The Ceremonial Hall at the Milimani Law Courts is thick with anticipation. Armed with files, legal teams, politicians, and journalists fill every bench, waiting for the three judges to step onto the dais.
This is the apex of a marathon legal challenge against the executive and legislative arms of the government.
Just 24 hours earlier, during a church service at PCEA Muteero Church in Karen, Gachagua stood composed, signaling his readiness for any eventuality.
“If the ruling goes the other way, it is still okay,” he told the congregation. “We still have the opportunity to go to the Court of Appeal”.
His supporters have been explicitly instructed to suppress their anger for now and save it as “political ammunition” for the August 2027 General Election.
But beneath the calls for peace lies a strategic political maneuver: a temporary defeat in the High Court will not be the final chapter, but rather the trigger for an immediate escalation to Kenya’s appellate courts.
Political Consequences of the Ruling
The impending judgment carries massive ramifications for Kenya’s constitutional order and political landscape:
If the Court Rules Against Gachagua (Upholds Impeachment)
- Immediate Appeal and Legal Limbo: An immediate filing at the Court of Appeal ensures that Gachagua’s political survival remains an active legal battle.
- He will argue that no public officer can be barred from elections while judicial remedies are unexhausted.
- Validation of Parliament’s Power: A ruling against him would firmly establish that the Judiciary will not easily interfere with the “political arithmetic” and oversight powers of the National Assembly and Senate.
- Solidification of Kithure Kindiki’s Status: It temporarily secures the position of Deputy President Kithure Kindiki, dampening immediate threats of an executive constitutional crisis.
If the Court Rules For Gachagua (Overturns Impeachment)
- A Political Earthquake for 2027: Gachagua, now leading the Democracy for the Citizens Party (DCP), would see his political legitimacy fully restored. It would transform him into a formidable kingmaker or presidential candidate against William Ruto in the 2027 polls.
- Mt. Kenya Succession Fragmented: It would disrupt President Ruto’s strategy of using loyalists to consolidate the Mt. Kenya region, triggering a direct leadership battle between Gachagua and the current regional elite.
- Constitutional Crisis: Overturning the ouster would prompt intense debates on the status of the current Deputy President and could award Gachagua millions in damages and salary compensation for an “unlawful” removal.
Ends.
