“Impeachment Driven by Fear, Not Security” — Popular Lawyer Alleges Main Reason That Forced Ruto's Govt to Impeach Gachagua As Soon As Possible

Constitutional lawyer Kibe Mungai has told a High Court bench that the impeachment of former Deputy President Rigathi Gachagua was motivated more by political fear within the ruling coalition than by genuine national security concerns, raising fresh debate over the legality and intent behind the removal process. WATCH VIDEO.

Appearing before Justices Eric Ogolla, Anthony Mrima, and Fredah Mugambi, Mungai argued that the impeachment was carefully planned behind the scenes before being publicly executed through Parliament, suggesting that the process was not spontaneous or purely constitutional in nature.

He told the court that the manner in which the proceedings were conducted fell below the standards expected in a democratic system, where due process and fair hearing are central to removing a sitting Deputy President.

According to Mungai, the National Assembly and the Senate effectively abandoned their constitutional role and turned into instruments for political confrontation rather than impartial legislative bodies. 

He argued that this shift undermined the safeguards designed to protect holders of high office from politically motivated removal.

“The Parliament (Senate and the National Assembly) turned themselves into a gun for hire to settle political scores, completely disregarding the constitutional safeguards meant to protect the holder of the position of Deputy President,” he told the court.

The lawyer further claimed that the process blurred the separation of powers by allowing Parliament to act simultaneously as investigator, prosecutor, and judge, which he said compromised fairness and due process.

He maintained that the impeachment did not meet the threshold required in democratic governance, where removal of an elected official must be based on clear evidence and strict constitutional procedure rather than political expediency.

Mungai’s remarks are part of ongoing court proceedings in which Gachagua and other petitioners are challenging the legality of his impeachment. They argue that the process violated constitutional protections and denied him a fair opportunity to defend himself.

The case continues to attract national attention, with political analysts saying the outcome could set an important precedent on how future impeachments are conducted in Kenya.

As the court weighs the arguments from both sides, the ruling is expected to clarify whether the impeachment process was a lawful exercise of parliamentary authority or a politically driven decision that bypassed constitutional safeguards.