In its judgment on January 30, the court clarified that its jurisdiction was limited to the question of how the High Court bench was empanelled.
It emphasized that impeachment proceedings remain active before the High Court and cannot be halted by the Supreme Court.
The judges noted that the Supreme Court can only stay proceedings before the Court of Appeal, not the High Court. As a result, Gachagua’s omnibus application was struck out.
The court also ruled that the National Assembly’s appeal deserved a full hearing and could not be dismissed summarily.
The ruling further stated that documents sought to be expunged were central to the appeal, having been relied upon by both the High Court and the Court of Appeal.
Similarly, the National Assembly’s second application was dismissed, with the court finding that Gachagua’s cross-appeal must proceed to full determination.
Gachagua’s troubles began in October 2024 when the Senate voted to remove him after the National Assembly passed an impeachment motion.
President William Ruto quickly nominated Kithure Kindiki as his replacement, but Justice Chacha Mwita issued conservatory orders halting the appointment temporarily.
The former Deputy President has consistently argued that his removal was based on falsehoods and political maneuvering.
He described the process as a “choreographed political lynching” meant to undermine the will of voters who elected him alongside President Ruto.
More than 40 cases were filed contesting his ouster, later consolidated into one. In May 2025, the Court of Appeal sided with Gachagua’s team, ruling that Deputy Chief Justice Philomena Mwilu lacked authority to empanel the three-judge bench.
However, Chief Justice Martha Koome later reappointed the same judges to continue hearing the matter.
With the Supreme Court’s latest decision, the impeachment battle remains alive in the High Court, prolonging one of Kenya’s most contentious political disputes in recent years.
