In a dramatic legal twist, former Deputy President Rigathi Gachagua has abandoned his bid to be reinstated to office, opting instead to pursue financial compensation over what he claims was an unlawful impeachment.
The development emerged on Monday, April 27, during proceedings at the Milimani Law Courts, where Gachagua’s legal team confirmed a significant shift in strategy before a three-judge bench.
Senior counsel Paul Muite, addressing Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi, told the court that the former Deputy President would no longer seek reinstatement but would instead focus on securing damages and lost earnings.
“The petitioner has abandoned the prayer for reinstatement as Deputy President,” Muite said. “The core of those prayers can be summarised as the quashing of the impeachment and payment of the remuneration and benefits he would have otherwise earned as provided by law.”
Gachagua’s lawyers argued that his removal from office was not only unlawful but also procedurally flawed, maintaining that constitutional safeguards were disregarded during the impeachment process.
Muite emphasised that Article 151 of the Constitution— which outlines the procedure for the removal of a Deputy President—should have been fully upheld throughout Gachagua’s tenure.
“For the 2.5 years that Gachagua served as the second Deputy President, it is our submission that Article 151 of the Constitution fully applies. Impeachment cannot and should not be applied retrospectively,” he argued.
The legal team further alleged that the impeachment proceedings were orchestrated to achieve a predetermined outcome, with minimal regard for public participation or due process.
According to court filings, Gachagua intends to present at least 18 grounds challenging the legality of his impeachment, all of which he wants the bench to consider in determining the case.
The court has since scheduled further hearings on May 7 and May 8, after declining a request by the defence to conduct consecutive sessions. Judges cited logistical constraints, including ongoing Supreme Court interviews, as the reason for the adjustment.
At the heart of the case is a potentially massive compensation claim. As Deputy President, Gachagua was entitled to a gross monthly salary of approximately Ksh1.2 million, alongside benefits such as housing allowances, entertainment stipends, and a pension equivalent to 80 percent of his final salary.
His legal team now estimates that the total value of lost earnings and benefits—both past and future—could exceed Ksh450 million.
The outcome of the case is expected to set a significant precedent on the interpretation of constitutional safeguards surrounding the impeachment of top state officials.
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