The High Court on Monday dismissed a last-minute attempt to halt the delivery of its judgment in former Deputy President Rigathi Gachagua’s impeachment case, paving the way for the three-judge bench to proceed with reading the highly anticipated verdict.

A panel comprising Justices Eric Ogolla, Anthony Mrima and Freda Mugambi was set to deliver a 350-page judgment at the Milimani Law Courts on the constitutionality of Gachagua’s October 2024 impeachment.

Before the ruling commenced, Advocate of the High Court of Kenya and lawyer Harrison Kinyanjui informed the court that a petitioner in a separate case had moved to the Court of Appeal seeking orders to stop the delivery of the judgment.

Kinyanjui argued that the application had been certified as urgent by the appellate court and that proceeding with the judgment before the related petition was heard would prejudice the petitioner’s rights.

He told the court that the application sought to have the judgment delayed until issues raised in the separate petition were addressed and incorporated into the consolidated proceedings.

However, Justice Ogolla pressed Kinyanjui on whether he had obtained any formal orders from the Court of Appeal stopping the proceedings.

“Do you have an order from the Court of Appeal on this issue, stopping or arresting this judgment? Yes or no?” Justice Ogolla asked.

“As we speak right now, no,” Kinyanjui responded before attempting to explain the circumstances surrounding the application.

The judge cut him short, saying the answer was sufficient and invited other parties to comment on the request.

Rigathi Gachagua’s representatives, led by Senior Counsel Elisha Ongoya, opposed the application, arguing that there were no legal grounds to interrupt the delivery of the judgment.

“We have come here to receive the judgment in the petitions before you. We have not received any order from the Court of Appeal stopping these proceedings,” Ongoya told the court.

“In the absence of a formal directive from a higher court stopping this judgment, we ask you to deliver it as scheduled today.”

After consulting with the other members of the bench, Justice Ogolla delivered a brief ruling dismissing the request.

“The matter is not before us. If the Court of Appeal wanted to stop these proceedings, we would drop our pens. Give us an order from the Court of Appeal and we will stop,” he said.

“You do not have anything like that.”

The judge further noted that the matter cited by Kinyanjui had already been scheduled for mention on June 18, 2026, and directed that the proceedings continue.

The ruling cleared the way for the judges to proceed with reading the judgment, which is expected to determine whether Gachagua’s impeachment complied with constitutional and legal requirements.