Senior Counsel Paul Muite on Friday mounted a fierce defence of former Deputy President Rigathi Gachagua, telling a three-judge bench that there was no evidence capable of sustaining any criminal charge against him prior to his impeachment.
Appearing before the court during proceedings challenging Gachagua’s removal from office, Muite argued that even a brief examination of Hon. Mutuse’s cross-examination by lawyer Elisha Ongoya revealed glaring gaps in the accusations that formed the basis of the impeachment motion.
According to Muite, the material presented before Parliament could not support “even a traffic offence,” insisting that the impeachment process was driven by politics rather than evidence or constitutional standards. The veteran lawyer urged the bench to find that both the National Assembly and the Senate acted in violation of the Constitution and ignored due process in removing Gachagua from office. He asked the court to declare the impeachment unconstitutional, null and void.
Additionally, Kirinyaga Women representative, Hon. Njeri Maina dismissed the claims by Kipkogei, who early last week submitted that public participation exercise conducted during the impeachment process was largely peaceful across the country except in Kirinyaga County, where he alleged Maina disrupted the exercise by closing her office before obtaining court orders halting the process.
“He blatantly lied to this court…There is no such information pertaining to that in this affidavit,” Maina submitted.
The case stems from the historic impeachment of Gachagua, who became the first Deputy President in Kenya’s history to be removed through impeachment after lawmakers accused him of abuse of office, gross misconduct and violations of the Constitution. The impeachment motion, spearheaded by Kibwezi West MP Mwengi Mutuse, was overwhelmingly supported in the National Assembly before being upheld by the Senate.
However, Gachagua moved to court challenging the legality of the process, arguing that Parliament violated constitutional safeguards, denied him a fair hearing and relied on unsubstantiated allegations. The matter, which has attracted significant political attention across the country, is now before a three-judge bench tasked with determining whether the impeachment met the constitutional threshold and whether Parliament acted within the law.
The Court is expected to give a Judgment on whether to nullify Gachagua’s impeachment or to uphold it on June 8,2026. The Judgement is expected to shape Gachagua’s political future ahead of the upcoming elections, as an upheld impeachment would bar him from contesting for public office, while a favourable ruling would clear the way for his participation in the polls.
The former Deputy President is also demanding over Ksh80 million in financial compensation following his October 2024 impeachment. Having dropped his initial bid for reinstatement, he is actively seeking damages, unearned salary for his full five-year term, and comprehensive retirement benefits.
