Rigathi Gachagua Returns To Court As Legal Battle Over “Unlawful” Impeachment Intensifies

Former Deputy President Rigathi Gachagua is set to return to the Milimani Law Courts today, Thursday, May 7, for the continuation of his high-stakes petition challenging his 2024 removal from office. The case is being presided over by a three-judge bench consisting of Justices Erick Ogolla, Anthony Mrima, and Freda Mugambi. The court is expected to issue directions on various pending applications and hear substantive arguments regarding the constitutionality of the impeachment process.

Shift in Legal Strategy: Compensation Over Reinstatement

In a significant turn of events, Gachagua, who now leads the Democracy for the Citizens Party (DCP), has officially abandoned his pursuit of being reinstated to the Office of the Deputy President. According to his lead counsel, Senior Counsel Paul Muite, the legal team has pivoted its focus toward seeking financial compensation for lost remuneration, general damages for losses incurred due to what he terms an “unlawful” removal, and formal constitutional declarations that the process violated legal standards.

“The petitioner has abandoned the prayer for reinstatement as Deputy President,” Muite informed the court, signaling a shift toward clearing Gachagua’s name and securing a financial settlement.

Grounds of the Petition

Gachagua’s legal team maintains that the impeachment process concluded by Parliament in October 2024 was fundamentally flawed. During the initial hearing on April 27, the former DP argued that the exercise failed to meet the mandatory legal threshold for public participation and was procedurally irregular by not adhering to strict constitutional requirements. Furthermore, Gachagua has previously alleged that the process was tainted by corruption, claiming that bribes were solicited within the National Assembly and the Senate to secure the votes necessary for his ousting.

A Historic Case

Rigathi Gachagua holds the distinction of being the first Deputy President in Kenya’s history to be successfully impeached. While the political landscape has since moved forward, this judicial review remains a critical test of parliamentary procedures and the constitutional protections afforded to the holders of the nation’s second-highest office. As the bench listens to today’s arguments, the outcome could set a major precedent for future executive and legislative interactions in Kenya.