In constitutional democracies, impeachment proceedings must adhere to due process requirements including adequate public participation, fair hearing procedures, and proper legal thresholds for charges; when these constitutional standards are not met, the affected official may successfully challenge the impeachment in court, potentially setting precedents for future impeachment processes.
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Why Gachagua Won the First Round of His Impeachment HearingAdded:
The impeachment hearing of former deputy president Regadi Gashagua took a dramatic turn after his legal team appeared to gain early momentum in court with arguments that immediately shifted a public attention and sparked a political debate across the country.
What was expected to be a normal continuation of the constitutional case quickly became one of the most talked about hearings in Kenya. After Gashagwa's lawyers aggressively challenged the legality of the entire impeachment process that removed him from office inside the court from the atmosphere was tense. Lawyers representing Gashagua argued that the impeachment carried out by parliament and later upheld by the Senate failed to meet constitutional standards especially on matters involving public participation, fairness and due process.
And from the reaction both inside and outside the courtroom, many observers believe the former deputy president may have won the first round of the legal battle. The hearing attracted huge public interest because the impeachment of Riadig Shagua remains one of the most historic political events in Kenya. Back in October 2024, senators voted to uphold several charges against him, officially removing him from the office and making him the first deputy president in Kenya's history to be impeached. At the time, the political fallout was massive. Some leaders defended the decision, saying accountability must apply to everyone regardless of the position. Others claimed the impeachment was politically motivated and linked to internal power struggles within the Kenya Kwanza administration. Now months later, the issue is back in court and Gashaga's legal team appears determined to prove that the process violated the constitution from the very beginning.
One of the biggest arguments raised during the hearing focused on public participation. The lawyers told the judges that Kenyans were not given enough time to properly engage with the impeachment motion before parliament proceeded with the process. According to the submissions made before the court, notices were allegedly rushed limiting meaningful participation from ordinary citizens. The legal team argued that impeachment is not a small political issue but a serious constitutional process that affects the entire country.
Meaning citizens should have been given adequate opportunity to express their views. That argument immediately became one of the strongest moments of the hearing because in Kenyan's constitution, public participation is considered a key pillar of governance.
Courts in previous rulings have repeatedly emphasized that major national decisions cannot simply be rushed through without involving citizens properly. Gashagago's lawyers also questioned whether the charges presented during the impeachment met the constitutional threshold required to remove a sitting deputy president. They argued that some accusations were politically framed and lacked sufficient evidence. The legal team further claimed that the entire process became more political than legal. At some points during the hearing, there were visible moments of tension between lawyers representing parliament and those representing Gashagua. The judges repeatedly asked tough questions to both sides as they tried to establish whether constitutional procedures were followed correctly. And while the courts did not make a final ruling, the hearing created a perception that Gashagago's side had managed to strongly challenge key parts of the impeachment process. Outside the courtroom, supporters of the former deputy president celebrated the proceedings, saying the hearing finally gave him a chance to defend himself properly. Some described the day as a political comeback moment. Others claimed the impeachment was rushed from the beginning and said the court process may expose deeper political interests that were hidden from the public. On social media, the phrase around one quickly started trending with supporters arguing that Gishagago's team had dominated the session through detailed constitutional arguments. Political analysts also began weighing in and some believe the case is no longer just about whether Gashago was removed legally.
Instead, they say it could now become a major test for how future impeachments will be conducted in Kenya. If the court eventually finds that constitutional procedures were violated, the ruling could have long-term implications on parliament and Senate processes. And even though Gashagua is no longer seeking reinstatement as deputy president, the outcome of the case could still shape his political future. Many analysts believe the former DP is trying to rebuild his image and reconnect with supporters ahead of the next general election cycle. In recent months, Gashagua has continued holding meetings, attending public gatherings, and speaking strongly about leadership, governance, and a political betrayal.
His critiques accuse him of using the court case to remain politically relevant. But his supporters argue that he's fighting for justice and constitutional accountability.
Meanwhile, lawyers representing parliament defended the impeachment process and insisted that all constitutional procedures were followed correctly. They argued that both the National Assembly and the Senate acted within the law and that public participation requirements were met.
According to them, the impeachment was lawful and based on serious concerns raised against the former deputy president during his time in office. The court is expected to continue hearing submissions before eventually making a ruling that could become one of the most significant constitutional decisions in recent Kenyan political history. For now, however, many people believe Gashagua has successfully gained early ground in the case. What also made the hearing more interesting was the silence from some leaders who were previously very vocal during the impeachment period. During the height of the political followout, several Kenya Kwanza leaders openly criticized Gishagwa and strongly defended the move to remove him from office. But as the court hearing continued, many Kenyans online noticed that some of those same politicians have recently reduced their public attacks against the former deputy president. Political observers say this could be a sign that leaders are now being careful, especially because the court process could expose details that were never fully discussed in public during the impeachment proceedings.
Another issue that sparked debate was a growing perception that Gashagua is slowly repositioning himself politically. Even though he no longer holds office, his name continues to dominate national conversations whenever major political discussions emerge. Some analysts believe the impeachment may have actually strengthened his influence in parts of the Mount Kenya region where some supporters feel he was politically isolated after falling out with key figures in government. And while the court battle is legal in nature, many people see it as something much bigger than law alone. Some Kenyans this case represents a fight about power, loyalty and a political survival at the highest level of government. Others believe it is testing whether constitutional institutions can truly remain independent during politically sensitive moments. Whether that momentum will translate into a final legal victory remains unclear. But one thing is certain. The impeachment hearing has once again placed regard at the center of Kenya's political conversation.
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