Supreme Court dismisses Gachagua’s request to halt impeachment case hearings
The former Deputy President, Rigathi Gachagua, has suffered a blow after the Supreme Court dismissed his application seeking to temporarily halt the proceedings in four consolidated petitions at the High Court.
While dismissing the application on Friday, January 30, 2026, the apex court judges stated that they can only issue temporary orders halting court proceedings at the Court of Appeal, not at the High Court.
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Judges Martha Koome, Philomena Mwilu, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola and William Ouko have also refused to dismiss the Parliament appeal, arguing that there is a need for it to be heard and be determined.
“The application by Hon. Gachagua is dismissed for the reasons that the Supreme Court can only stay proceedings before the Court of Appeal and not the High Court as prayed for; the appeal by the National Assembly is not one that was capable of summarily being dismissed and warrants determination on merit; and the documents sought to be expunged are integral to the determination of the appeal before the Supreme Court and were referred to by both the High Court and the Court of Appeal in their determination of the dispute,” the apex court ruled.
Removal of documents
Gachagua filed a notice of motion at the Apex court on July 17, 2025, and also sought to have the National Assembly appeal be summarily struck out for being an abuse of the court process and violating the doctrine of judicial estoppel.
Further, the former DP also sought the removal of certain documents appearing at pages 26 to 34 of the National Assembly’s supplementary record of appeal, terming it unlawfully being introduced at the second appellate stage.
“Pending the hearing and determination of the appeal and cross-appeal, the court is pleased to issue a stay of the High Court proceedings in Nairobi HC Constitutional Petition No. E565 of 2024 consolidated with Kerugoya E013 of 2024, E014 of 2024 and E015 of 2024, Rigathi Gachagua and Others vs Speaker of the National Assembly and Others,” part of the application reads.
