NAIROBI — Former Kenyan Senator Cleophas Malalah has issued a bold call for President William Ruto to dissolve his government, following a Court of Appeal decision that reaffirmed the legality of High Court conservatory orders barring the impeachment of Deputy President Rigathi Gachagua.
In a sharply worded statement released Friday, Malalah said the Court of Appeal’s ruling has confirmed that Justice Richard Mwongo’s earlier order — which stayed the impeachment proceedings and blocked Prof. Kithure Kindiki from taking over as Deputy President — remains valid and binding.
“In effect, Hon Rigathi Gachagua remains the legitimate Deputy President of the Republic of Kenya,” Malalah stated.
The senator, a former UDA Secretary-General and outspoken political figure, warned that the country was “in a full-blown constitutional and governance crisis” and accused the current administration of losing legitimacy, citing ideological incoherence and political betrayal within the ruling coalition.
Court Ruling Reverses Impeachment Trajectory
The Court of Appeal on Thursday ruled that Deputy Chief Justice Philomena Mwilu had acted unconstitutionally in empanelling a three-judge bench to hear the impeachment case against Gachagua. The decision effectively reinstated the authority of the High Court’s ruling, reinforcing a months-long legal and political standoff over Gachagua’s status in government.
As reported by The Standard and corroborated by Nation Africa, the ruling is a significant legal victory for Gachagua and his allies, many of whom have claimed that his impeachment was driven more by factional politics than legal wrongdoing. The fallout has exposed deep fractures within the executive, particularly between President Ruto and his embattled deputy — once close allies turned rivals.
“Hollow Government” and Dysfunctional Parliament
Malalah’s statement pulls no punches. He describes the Ruto administration as a “hollow shell” and “directionless in ideology,” criticising what he calls the administration’s betrayal of its 2022 campaign platform. He accuses Cabinet Secretaries of hypocrisy, Parliament of being hijacked by transactional interests, and parts of the opposition of being co-opted by the state.
“Parliament is now a compromised chamber, hijacked by a clique of transactional leaders… Worse still, part of the opposition has become a tragic parody of itself,” he wrote.
He further claims that the ongoing reconstitution of the Independent Electoral and Boundaries Commission (IEBC) must be paired with a broader political reset, calling for the President to seek a fresh mandate through new elections.
“Back to Factory Settings”
The statement, titled Kenya Must Go Back to Factory Settings, argues that the only way out of the current impasse is a complete reboot of the government.
“It is my unequivocal view that the President must act in the highest interest of the Republic by dissolving the government,” Malalah said.
Although such a move is constitutionally possible under Article 261 of the Kenyan Constitution — which outlines scenarios under which the President may dissolve Parliament — it remains highly improbable under current political conditions. Analysts say the real significance of Malalah’s statement lies in its indication of a broader political realignment within Kenya Kwanza and rising public discontent with government performance.
Political Fallout and Broader Implications
The call for dissolution comes amid growing public pressure over governance, economic hardship, and political instability. It also raises questions about the viability of the current administration heading into the midterm period.
While there has been no official response from State House, insiders say the ruling and the growing disquiet could push President Ruto toward a Cabinet reshuffle or political rapprochement in a bid to stabilise his administration.
Political analyst Dr. Fred Okango noted in an interview with Citizen TV that, “What we are seeing is not just a legal contest — it’s a test of whether the political contract formed in 2022 can survive beyond the halfway mark.”
For now, Malalah’s declaration adds further weight to the national conversation on the rule of law, executive overreach, and the future of Kenya’s political architecture.
What Next?
With the IEBC reconstitution underway and tensions rising within and beyond Parliament, the months ahead could prove pivotal. Whether Malalah’s call spurs broader political mobilisation or remains a solitary salvo will depend on how key power players respond — particularly President Ruto and Deputy President Gachagua.
As Kenya navigates this moment of reckoning, one thing is clear: the fault lines are no longer beneath the surface.
