President Ruto Challenges High Court’s Jurisdiction in Gachagua’s Impeachment Dispute

President William Ruto has moved to contest the High Court’s authority in handling petitions challenging Deputy President Rigathi Gachagua’s removal from office.

The President maintains that such matters fall exclusively within the Supreme Court’s jurisdiction, citing Article 140 in conjunction with Articles 148 and 149 of the Constitution, which govern presidential electoral processes. The impeachment saga has grown increasingly complex as Rigathi Gachagua and several petitioners have mounted legal challenges against the process. Their objections centre on claims of insufficient public participation and unsubstantiated allegations.

In response, Justices Chacha Mwita and Richard Mwongo, presiding in Milimani and Kerugoya High Courts respectively, have issued orders temporarily halting Gachagua’s replacement deeming the matters urgent. Meanwhile, Attorney-General Dorcas Oduor and the National Assembly have filed applications contesting these orders. A three-judge bench comprising Justices Eric Ogola, Anthony Mrima, and Freda Mugambi has scheduled deliberations on these matters.

However, President Ruto’s legal team, led by Mr Kamotho, argues forcefully for the cases’ dismissal, citing Article 143(2) of the Constitution and Supreme Court precedent which shield a sitting president from civil proceedings regarding constitutional actions. The controversial impeachment process, which occurred while Gachagua received treatment at Karen Hospital, resulted in the Senate finding him guilty on five counts while clearing him of six others. Notable figures, including Kiambu Senator Karungo Thang’wa, have criticized the proceedings as politically motivated and procedurally flawed.

The constitutional framework for deputy presidential impeachment, as outlined in Article 150, requires initial support from one-third of National Assembly members, followed by two-thirds majority approval in both houses of Parliament. President Ruto’s challenge to the High Court’s jurisdiction rests on constitutional provisions that reserve certain electoral matters exclusively for the Supreme Court, as specified in Article 165(5)(a).