1. The Defense: “Impeachment Under the Cover of Darkness”
Gachagua’s legal team, led by Senior Counsel Paul Muite, launched a scathing attack on the procedure used by Parliament in 2024.
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The “Rushed” Timeline: Muite argued that the National Assembly and Senate violated the right to a fair hearing by fast-tracking the resolution at night. “The normal working hours are daylight hours. The rush was a clear sign of a predetermined outcome,” Muite told the bench.
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Constitutional Rights: The petition claims Gachagua was denied a substantive opportunity to defend himself against the eleven charges, which included gross violation of the constitution and inciting ethnic hatred.
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The Demand: Gachagua isn’t just seeking a “symbolic” win; he is asking the court to declare his removal null and void and to award him full remuneration and entitlements backdated to 2024.
2. The Judicial Bench: Three Judges to Decide
The fate of the petition lies in the hands of a bench appointed to navigate the complex separation of powers:
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Justice Eric Ogola
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Justice Fred Mugambi
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Justice Antony Mrima
The state’s legal team, representing the National Assembly and the Attorney General, maintains that the impeachment was a political process handled within the sovereign mandate of the legislature. They argue the court lacks the jurisdiction to reinstate a Deputy President once the position has been legally filled by Kithure Kindiki.
3. Life After the DP’s Office: Democracy for the Citizens (DCP)
While the court case moves slowly, Gachagua’s political maneuvers have accelerated.
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The New Party: Gachagua is now the leader of the Democracy for the Citizens Party (DCP), launched in early 2026.
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The Rhetoric: He has transitioned into a fierce opposition figure, recently tweeting that Kenya is “loudly sleepwalking into a dictatorship.”
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The Ruto Rift: Relations with President William Ruto remain at an all-time low. During a recent tour of Tharaka Nithi, the President praised Kithure Kindiki as a “superior successor,” further cementing the divorce between the former running mates.
