Irungu Nyakera vows procession to Karen to reclaim Gachagua’s office
Former Kenyatta International Convention Centre (KICC) board chairperson Irungu Nyakera has announced plans to lead a procession to Karen on Tuesday, May 13, 2025, to reclaim the office of former Deputy President Rigathi Gachagua, which he claims was unlawfully seized.
Nyakera’s statement, posted on X (formerly Twitter) on Monday, May 12, 2025, follows a ruling by the Court of Appeal that has sparked widespread controversy over the political and constitutional ramifications of Gachagua’s removal from office.
In his post, Nyakera emphasised that Gachagua, who was democratically elected during Kenya’s August 9, 2022, general election, had been unjustly ousted from his rightful office.
“H.E. Rigathi Gachagua was duly and democratically elected on August 9, 2022. His removal from office, therefore, subverted the sovereign will of the Kenyan people who elected him,” Nyakera wrote, asserting that this event was a direct challenge to the democratic process and constitutional order.
Nyakera has framed the procession as a crucial constitutional correction, rather than merely a political protest.
“This is not just a political statement but a constitutional correction,” he declared, calling on citizens, civil society, media, and international observers to join the peaceful movement.
The procession will begin with an international press conference at Chester House, a well-known landmark in Nairobi, where Nyakera is expected to provide further details on the legal and political rationale behind the action.
The procession will then move to Karen, the Deputy President’s official residence, where Nyakera and his supporters intend to reclaim what they describe as Gachagua’s rightful office.
According to Nyakera, if successful, the event will be historic and will restore justice to Gachagua, who had been deprived of his democratic right to remain in office after being duly elected by the citizens.
“We will witness this historic reclamation of justice and democratic order.”
To ensure wide participation, Nyakera outlined a series of pick-up points across Nairobi, from Kayole and Dandora to Muthurwa, Kawangware, Githurai, Pumwani, Mwiki, Utawala, and Ngong.
“This is not just a political statement but a constitutional correction. We invite all citizens, civil society, media, and international observers to witness this historic reclamation of justice and democratic order. We will share details of pick-up points from Kayole, Dandora, Muthurwa, Kawangware, Githurai, Pumwani, Mwiki, Utawala, and Ngong,” he concluded his post.
Gachagua’s win
The Court of Appeal (CoA) overturned Deputy Chief Justice Philomena Mwilu’s decision to appoint a three-judge bench to hear cases by former Deputy President Rigathi Gachagua challenging his removal on Friday, May 9, 2025.
The judgment was rendered by a three-judge bench comprising justices Daniel Musinga, Mumbi Ngugi and Francis Tuiyott, and it stated that Mwilu did not have constitutional powers to form the bench of the High Court to determine Gachagua’s impeachment petitions.
“The discretion granted to the Chief Justice by Article 165(4) to empanel a bench is a power solely granted to the Chief Justice. It is the Chief Justice, and she alone, who can decide the number of judges to assign a matter,” the judges held in a unanimous decision.
They ruled that only Chief Justice Martha Koome has the power to form an empanelled bench according to the constitution, adding that her deputy could not purport to hold her fort in her absence.
Further, they directed Chief Justice Martha Koome to appoint another bench within 14 days without giving an order barring three judges from being excluded from being part of the judges to be reappointed to determine the petitions.
Additionally, they stated that the decision on the number of judges that will be in the new bench, whether three or five, to hear the matters, lies with CJ Koome.
This is after the appellant judges declined to compel the CJ to appoint a five-judge bench to hear the cases as requested by Gachagua and his allies.
The decision came after Mwilu, on October 18, 2024, appointed Judges Eric Ongola, Justice Anthony Mrima and Fredah Mugambi to hear the consolidated petitions filed by Gachagua and others to stop Kithure Kindiki from replacing him as the DP.
However, Gachagua, through his lawyers led by Paul Muite, argued that Mwilu was the substantive CJ and could not exercise powers donated to CJ Koome by the constitution.
Gachagua challenged the appointment of Judge Ogola, Mugambi, and Mrima to oversee his cases, arguing that they should not hear and determine petitions challenging his removal from office by the Senate, as they were not properly constituted.
This challenge followed the High Court bench’s dismissal of Gachagua’s application against the DCJ’s powers to appoint the panel presiding over his case.
“In our view, and in line with the doctrine of continuity in governance, the drafters of our Constitution were deliberate in ensuring that the administration of duties and application of constitutional provisions remain uninterrupted,” the Ogallo-led bench concluded.
