National Assembly Defends Gachagua Impeachment, Backs Kindiki Appointment As Constitutional
News Updated: 08 June 2026 16:51 EAT
The High Court rules that former Deputy President Rigathi Gachagua to remain an impeached government official
The National Assembly defended the impeachment of former Deputy President Rigathi Gachagua before the High Court, arguing that the process was constitutionally conducted and necessary to uphold accountability and protect the rule of law.
In submissions before a three-judge bench, Parliament maintained that impeachment is a constitutional oversight mechanism intended to ensure public officers remain accountable and that the removal of a deputy president cannot be treated as a purely political process.
Lawyers representing the House argued that Members of Parliament acted within their constitutional mandate when they debated and approved the motion seeking Gachagua’s removal from office. They maintained that the process followed all legal and procedural requirements set out under the Constitution.
The National Assembly told the court that impeachment proceedings complied with established thresholds, including notice, debate and voting procedures, and therefore could not be overturned solely because of the political consequences attached to the outcome.
Parliament further submitted that reversing the impeachment without evidence of constitutional violations would weaken public institutions and undermine mechanisms established to enforce accountability in leadership.
On the issue of succession, the National Assembly defended the appointment of Deputy President Kithure Kindiki, arguing that once the office became vacant following impeachment, the Constitution empowered the President to nominate a replacement.
The House maintained that all subsequent steps leading to Kindiki’s assumption of office were carried out within constitutional and legal requirements governing transition in the Executive.
Court proceedings revisited earlier legal challenges that had temporarily delayed the swearing-in process after petitions were filed contesting both the impeachment and the succession process.
Justice Anthony Mrima and the bench considered arguments on whether constitutional institutions had acted within their powers and whether judicial intervention should extend into decisions already concluded through parliamentary processes.
The National Assembly argued that Parliament and other constitutional institutions must be allowed to discharge their responsibilities independently unless there is clear proof of constitutional breach.
The court also revisited the sequence of events beginning with proceedings in the National Assembly and later in the Senate, where charges against Gachagua were considered and the removal process concluded.
Parliament’s legal team urged the judges to exercise restraint and avoid replacing legislative judgment with judicial interpretation where constitutional procedures had been observed.
According to the submissions, the dispute extended beyond an individual office holder and raised broader questions about constitutional accountability, institutional independence and separation of powers.
The judges examined issues including procedural fairness, due process and whether constitutional safeguards were respected throughout the impeachment proceedings.
The bench also considered arguments over whether post-impeachment decisions, including succession and appointment processes, could continue while constitutional petitions remained active before court.
National Assembly lawyers warned that nullifying completed constitutional processes would create uncertainty within government and affect continuity in the Executive.
The ruling is expected to remain a significant constitutional reference point in defining the scope of parliamentary impeachment powers and clarifying the legality of succession to the office of Deputy President.
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FELIX MAKONA
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