- The hearing of several cases related to the removal from power of former Deputy President Rigathi Gachagua is finally expected to begin
- Gachagua filed a case in the High Court seeking compensation for what he claims is an illegal removal from power
- On the other hand, businessman Enock Aura wants the removal of Deputy President Kithure Kindiki from office
- The three-judge bench hearing the cases on Tuesday, February 10, ordered all the cases to be heard within the next three months.
Nairobi: The Supreme Court has scheduled important dates for hearing the cases of the former Deputy President Rigathi Gachagua.
Source: Facebook
Gachagua and other plaintiffs are protesting his removal from power and asking for compensation for his illegal removal from power.
The cases, which have witnessed many procedural changes since the initiation of impeachment cases, will now continue on three different dates before a panel of three judges in February, April and May 2026.
Why does Enock Aura request a panel of five judges?
During the court session on Tuesday, February 10, a request to set aside a panel of five judges where businessman Enock Aura requests the removal of the Deputy President Kithur Kindiki office as unconstitutional will now be heard on February 26, this year.
Aura had formally requested from the Chief Justice Martha Koome the appointment of a panel of five judges, saying that the issues raised were unique, new and aroused great public interest.
He said that the constitutional validity of the removal of Gachagua and the appointment of his replacement which was challenged without due process were serious issues.
According to the businessman, the need to expand the panel of three judges to five is justified due to new and important legal results affecting the relevant constitutional and legal issues raised.
Through her lawyer, Harrison Kinyanjui, Aura wants an expanded panel to hear the petition before the other plaintiffs as directed by the Chief Justice.
“If we feel there is a need for an extended panel, there is time. Just serve the parties you feel need to be served,” said Judge Anthony Mrima, who is part of the panel hearing the case together with judges Eric Ogolla and Winfrida Mugambi.
Source: Original
Why is the case of Gachagua urgent for planning?
Senior Advocate Paul Muite, who represents Gachagua, also urged the court to give priority to his case when scheduling hearings.
He claimed that his client is directly affected by the removal of power.
“The instructions I have from my client in that application three is to politely ask this court to give us the first hearing date,” Muite told the bench.
He also requested that, if possible, the hearing be scheduled before the Easter Holidays.
Trials will begin daily at 10 a.m. and will be conducted through physical court sessions.
The hearing dates were revised from the original March schedule after conflicting with the Easter holiday.
When will the Gachagua impeachment cases be heard?
Meanwhile, other cases related to impeachment petitions will continue as scheduled before the same three-judge bench.
The court has now set April 14, 15, and 16, 2026, for hearing in one of the applications.
On April 14, Gachagua will present his case, followed by the state on April 15, and any response from him will be given on April 16.
Source: Facebook
The essence of Gachagua’s claim for compensation is a challenge against the constitutional legitimacy of his removal from power and what he calls his removal from power against the law.
The former DP is seeking a constitutional amendment for the period he was out of the vice president’s office, saying that the impeachment process violated his rights and caused him great loss.
“The petitioner wants to vehemently challenge the validity and legality of his removal from office and will try to persuade this honorable court to award him the salaries he would have earned if he had served for the entire five years he was elected by the people of Kenya,” Muite argued before the court in May 2025.
Did the Supreme Court dismiss the Gachagua impeachment case?
This comes against the basis of the decision of the Supreme Court issued on January 30, 2026.
In that decision, a four-judge bench led by Martha Koome dismissed important applications submitted by Gachagua and Parliament in relation to his impeachment cases pending before the High Court.
In that decision, the High Court ruled that it did not have the authority to stop the High Court proceedings as requested by Gachagua.
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