NAIROBI, Kenya, June 7 -Former Deputy President Rigathi Gachagua has said he is fully prepared to accept whatever decision the High Court will render in the impeachment proceedings against him, insisting that he remains confident in the judiciary while also bracing for all possible outcomes.
Speaking on Sunday, June 7, during a church service in Karen, Nairobi, Gachagua stated that the matter before the courts is one he believes will ultimately test both the strength of Kenya’s justice system and the resilience of democratic institutions.
He expressed optimism that the judiciary would handle the case independently and fairly, saying he holds faith that the court will deliver justice not only to him personally, but also to his supporters who have closely followed the legal and political developments surrounding his impeachment.
“We are ready for whatever outcome,” he said. “If the three judges rule that we were treated unfairly and contrary to the law and lift the impeachment, we shall be grateful to God, and we shall also be grateful that there is a justice system in Kenya that works.”
Gachagua is set to know his fate on June 8, when the High Court will deliver judgment in consolidated petitions challenging his October 2024 impeachment.
The petitions before the court challenge the constitutionality and legality of Gachagua’s removal from office by the National Assembly and the Senate, following an impeachment process that has since drawn multiple legal challenges.
Gachagua observed that should the three-judge bench rule in his favour and determine that due process was not followed in his removal from office, it would serve as a moment of vindication and a reaffirmation of his long-held belief in the rule of law.
In such an outcome, he said, he would be grateful both to God and to what he described as a functioning and credible justice system in the country.
At the same time, the former Deputy President maintained that his confidence in the independence of the judiciary remains unwavering, noting that he expects the court to act without fear or favour and to uphold constitutional principles in determining the matter.
“I have confidence that our judiciary is independent, impartial, and will give justice to Rigathi Gachagua and millions of his supporters across the country,” he said.
However, Gachagua also acknowledged the possibility of an unfavourable ruling, indicating that such an outcome would not mark the end of his legal battle. He confirmed that he is prepared to escalate the matter to the Court of Appeal, emphasizing that the Constitution provides further legal avenues that he is ready to pursue if necessary.
“If the ruling goes the other way, it is still okay,” he said. “We will still have an opportunity to go to the Court of Appeal and follow the legal remedies that are provided by the Constitution.”
Gachagua took time to address his supporters directly, urging them to remain calm, peaceful, and orderly regardless of how the court ultimately rules. He stressed the importance of maintaining stability and avoiding actions that could inflame tensions or undermine the judicial process.
“I want to urge my supporters that, irrespective of the outcome, to remain calm and peaceful,” he added, reinforcing his call for restraint as the country awaits the High Court’s decision.
Gachagua is seeking among other reliefs, compensation equivalent to the salary and benefits he would have earned had he completed his five-year term from his election in 2022.
He also seeks a declaration that his impeachment was unconstitutional and unlawful.
His legal team has maintained that the impeachment process was marred by procedural flaws, including what they term as a denial of a fair hearing and an overly expedited process.
They also argue that the requirement for adequate public participation was not properly met, rendering the entire process invalid.
The proceedings have seen intense courtroom exchanges involving a battery of lawyers representing Gachagua, Parliament, the Senate, and other interested parties, including Deputy President Kithure Kindiki.
The hearing, which has run for five days, has at times been marked by sharp exchanges, sarcasm, laughter, and moments of levity despite the weight of the issues being argued.
Central to Gachagua’s case is the claim that he was not accorded sufficient opportunity to defend himself during the impeachment motion.
His lawyers argue that constitutional safeguards were not fully observed, and that the speed at which the process was undertaken compromised fairness.
The issue of his medical condition also emerged during the proceedings, with arguments raised regarding whether he was fit to participate in the Senate proceedings at the time of impeachment.
His doctor, Dr Daniel Gikonyo, testified and was cross-examined as the court sought clarity on whether illness prevented Gachagua from fully engaging in the process.
However, the respondents dismissed these claims, arguing that the impeachment was conducted in accordance with constitutional and legal requirements.
They maintained that Gachagua was accorded a fair hearing and was represented by legal counsel throughout the process.
Deputy President Kithure Kindiki’s legal team further argued that claims of illness were used as a shield to avoid Senate cross-examination, a position that was strongly disputed by Gachagua’s doctor, who maintained that the former Deputy President was genuinely unwell and under medical care.
Parliament and the Senate have also defended the impeachment process, insisting that it was conducted within constitutional timelines and followed due process.
They argued that extensive public participation was undertaken through multiple platforms and that the process met legal thresholds.
The Senate further contended that some of the evidence introduced during the court proceedings, including the doctor’s testimony, was not part of the impeachment record and should not be considered in determining the legality of the process.
The consolidated petition has drawn wide public interest, given the political implications of the case and its significance in shaping standards for impeachment proceedings in Kenya.
