Migori Senator Eddy Oketch has called on former Deputy President Rigathi Gachagua and his supporters to accept the finality of his impeachment, despite ongoing court proceedings that have breathed new life into the legal battle.
Speaking on a local media station on Monday, May 12, 2025, Oketch emphasised that the parliamentary impeachment process was conclusive and would likely yield the same result if repeated.
He urged those still questioning the outcome to respect the separation of powers and move forward.
“I want to wish Gachagua and those still talking about this well — but it’s time to move on. There is independence between the legislature and the judiciary. The legislature overwhelmingly impeached Gachagua, and even if the vote were repeated today, the result would be the same,” he stated.
While acknowledging the ongoing judicial process, Oketch expressed doubt that it would reverse Gachagua’s political fortunes.
“I can assure you that even if he were to come back today in the same two houses, he would still overwhelmingly be impeached. The legal question, for me, can continue, and I respect the judicial process that is continuing. But I don’t think it has the impact that is desirable in the eyes of factions that are with Gachagua,” Oketch asserted.
He insisted that the judiciary’s internal decisions cannot change what transpired in the legislative chambers under Article 144 of the Constitution.
“With regards to the substantive issue, which is turning or changing the fate of the impeachment under Article 144. The process is very important and I’m saying that the process that had gone through the legislature was lean, clean and overwhelming,” Oketch explained.
He added that any procedural irregularities within the judiciary would need to be addressed by the Chief Justice herself, as per the Constitution.
“If it’s found that the Deputy Chief Justice acted outside her mandate, then it follows that the Chief Justice must rectify the process. But I cannot preempt that outcome. What I can speak to authoritatively is what happened in Parliament — and that process is complete,” he stated.
New ruling
The Senator was responding to public speculation following a Court of Appeal ruling issued on May 9, 2025, which overturned an earlier decision by Deputy Chief Justice Philomena Mwilu to appoint a three-judge bench to hear Gachagua’s challenge against his removal from office.
The appellate court, led by Justices Daniel Musinga, Mumbi Ngugi, and Francis Tuiyott, ruled that only the Chief Justice has the constitutional authority to empanel such a bench.
The Court of Appeal, in its ruling, criticised the Deputy Chief Justice’s actions, noting that there was no justification for bypassing the Chief Justice’s mandate.
“In this day and age, we do not think that the Chief Justice can be ‘electronically absent’ for an inordinately long period of time,” the judges noted, dismissing the argument that she was unavailable to appoint the bench.
Gachagua was impeached by Parliament in October 2024, following a dramatic fallout within the Kenya Kwanza administration. His removal was backed by a wide coalition of MPs and Senators, citing gross misconduct and abuse of office.
