By Sam Alfan.
Former Deputy President Rigathi Gachagua has adopted a bold legal strategy, demanding President William Ruto prove he didn’t orchestrate the impeachment—effectively shifting the burden of proof in his High Court challenge.
In an amended petition, Gachagua argues that the constitutional violations are so glaring that the president must now demonstrate his hands were clean in the removal process. He contends Ruto sponsored and bulldozed the impeachment in violation of Articles 1, 3, 38, 50, and 132(2) of the Constitution—constitutional breaches so severe they amount to abuse of power.
The former DP, now a fierce critic of his ex-boss, frames his ouster as political persecution that violated fundamental constitutional principles. His legal team appears to be challenging Ruto to refute these claims with evidence rather than allowing the case to proceed on traditional grounds.
Gachagua’s petition attacks the procedural framework itself, urging the court to strike down Senate Standing Orders 78 and 79 (adopted June 16, 2024) and National Assembly Standing Orders 64 and 65, arguing they violate Article 150(2) when applied to a Deputy President.
He’s demanding both houses develop constitutionally compliant impeachment procedures.
In what amounts to a direct challenge to presidential authority, Gachagua insists the Kenya Kwanza Coalition Agreement of April 5, 2022 legally binds Ruto to nominate a replacement DP from the Gikuyu, Embu, or Meru communities—not simply anyone of the president’s choosing.
“The president’s power under Article 149 to nominate a Deputy President is subject to IEBC certification under Articles 99 and 137,” the petition states, suggesting Ruto cannot act unilaterally even in filling the vacancy his alleged actions created.
Gachagua and his co-petitioners argue the impeachment sought to overturn the sovereign will of Kenyan voters on “frivolous grounds” that fail lawful justification tests. They emphasize that millions across all 290 constituencies elected him Deputy President on August 9, 2022—a mandate that cannot be dismissed through what they characterize as a politically motivated process.
“This Honourable Court must recognize that while impeachment is both a political and legal process, Article 150 read with Article 145 was never intended as a platform to settle political scores or subvert the people’s will,” the petition argues.
The former DP’s legal approach essentially challenges the president to disprove involvement in what Gachagua frames as constitutional vandalism—a reversal of typical courtroom dynamics that could put Ruto’s administration on the defensive.
