Senior Counsel Paul Muite Challenges Rigathi Gachagua’s Impeachment Over Breach of Natural Justice

Senior Counsel Paul Muite criticizes the Senate for rushing Rigathi Gachagua's 2024 impeachment while he was in the ICU, citing a violation of natural justice.

By: AXL Media

Published: Apr 27, 2026, 9:17 AM EDT

Source: Information for this report was sourced from TUKO.co.ke

Judicial Review of a Historic Ouster

The legal team representing former Deputy President Rigathi Gachagua has formally challenged the procedural integrity of the 2024 impeachment that removed him from office. During a hearing at the Milimani Law Courts on Monday, Senior Counsel Paul Muite presented arguments before a three judge bench, characterizing the Senate's actions as a rushed execution of political will. The proceedings center on the events of October 17, 2024, when Gachagua was ousted from his position while receiving emergency medical treatment at Karen Hospital, a move that Muite contends disregarded the fundamental rights of the accused.

Medical Emergencies and Denied Adjournments

According to the legal team, Gachagua’s sudden illness occurred just hours before he was scheduled to take the stand in his own defense. Muite testified that the former Deputy President had expressed a clear intent to testify personally to clear his name. However, when the defense requested a three day adjournment following Gachagua's admission to the Intensive Care Unit, the Senate leadership declined the petition. Muite quoted the Senate Speaker as stating that the chamber would proceed with "military precision" to conclude the business within the same day, regardless of the defendant's physical absence.

Violations of the Rules of Natural Justice

The defense argues that the refusal to pause proceedings during a documented medical crisis constitutes a severe violation of the rules of natural justice. Muite stated that illness is an unpredictable human condition and that the "stressful and strenuous" nature of the prior National Assembly proceedings had likely contributed to Gachagua's physical collapse. By denying the adjournment without providing a valid legal justification, the Senate effectively stripped a democratically elected leader of his right to a fair hearing, according to the arguments presented in court.