Mutuse breaks silence after Gachagua’s impeachment ruling, proposes new law
Kibwezi West Member of Parliament Mwengi Mutuse has called for stricter legal measures to limit the political activities of impeached public officers following the High Court decision that upheld the impeachment of former Deputy President Rigathi Gachagua.
Mutuse, who sponsored the impeachment motion against Gachagua, welcomed the court’s ruling and said it provided important clarity on the constitutional and legal framework governing impeachment.
Calls for post-impeachment restrictions
In a statement shared on Monday, June 8, 2026, Mutuse said the judgement had affirmed the position he took when he moved the impeachment motion in Parliament.
“I was certain that our courts could not have arrived at any other finding than to uphold the impeachment of Mr. Rigathi Gachagua,” Mutuse stated.
“As the mover of the impeachment motion, I feel vindicated and congratulate the three-judge bench for comprehensively clarifying the law on impeachment.”
The legislator said the ruling should trigger broader discussions on the legal consequences that should follow the removal of public officers through impeachment.
He questioned whether individuals removed from office through impeachment should continue exercising political rights under Article 38 of the Constitution, including participation in political party activities, campaigning for candidates and influencing public governance.
“Isn’t this akin to a convict in a criminal trial walking freely in the streets instead of serving their sentence?” Mutuse asked.
He argued that impeached leaders should “stay away from all forms of active public life” and called on Parliament to address what he described as legislative gaps highlighted by the court process.

Court ruling and compensation award
The High Court judgment was delivered on Monday by Justices Eric Ogola, Freda Mugambi and Anthony Mrima at Milimani Law Courts.
The three-judge bench upheld Gachagua’s impeachment, finding that the process met the constitutional threshold required for removal from office.
However, the court also found that the Senate violated Gachagua’s right to a fair hearing after declining a request for adjournment on medical grounds during the impeachment proceedings.
As a result, the court awarded Gachagua Ksh50 million in constitutional damages payable by the Senate. The judges said the award was intended to vindicate the Constitution, restore dignity and discourage future violations of due process.
Gachagua plans appeal
Gachagua, however, did not attend the court session in person and instead followed the proceedings from home alongside his wife, Reverend Dorcas Rigathi, and opposition leaders Kalonzo Musyoka and Eugene Wamalwa.
Kirinyaga Woman Representative Njeri Maina, a member of his legal team, said his absence was precautionary and emphasised that attendance was not mandatory.
“Our client was watching from home with his family. It is not mandatory that the client attend,” Maina said.
She added that Gachagua remains a “peace-loving Kenyan” and had urged his supporters to remain calm regardless of the outcome.
His legal team has indicated that it will challenge the judgment at the Court of Appeal, setting the stage for the next phase of the legal battle over his impeachment.











