Former Deputy President and Democracy For Citizens Party (DCP) leader Rigathi Gachagua is now asking the High Court to award him more than Ksh80 million in compensation following his impeachment in October 2024.
The court documents show that his claims are wide-ranging and include money he says the government still owes him after being removed from office.
Although he is pursuing the case, Gachagua has made it clear through his lawyers that he is not asking to be reinstated as Deputy President.
Instead, he wants financial compensation for the period he believes he would have continued serving in office if he had not been impeached. His legal team argues that he should be paid for the remaining 35 months of his expected term.
During the court session held on Monday, April 27, his lawyers, led by senior advocate Paul Muite, explained that their case is based on two main arguments.
First, they want the court to declare the impeachment unconstitutional. Second, they want the state to compensate him for income and benefits he would have earned had he remained in office until the end of his term.
The financial claims are divided into different categories. Under “special damages,” Gachagua is asking for about Ksh42 million, which represents unpaid salary. This figure is calculated based on his monthly salary of Ksh1.2 million multiplied by the 35 months he says he lost due to the impeachment.
In addition, he is demanding Ksh22.8 million as gratuity. This is described as a form of appreciation payment, estimated at about 31 percent of his total salary package during the period in question.
He is also claiming Ksh700,000 for airtime allowances, based on an estimated Ksh20,000 per month for the entire 35-month duration.
Beyond that, his legal team has included other allowances such as medical insurance coverage and official transport benefits, arguing that these would have been part of his entitlements had he remained in office.
When it comes to retirement benefits, Gachagua is relying on the Retirement Benefits law for Deputy Presidents and other designated state officers. According to this framework, he is entitled to a monthly pension of around Ksh980,000, which is said to be about 80 percent of his last salary.
He is also seeking a lump-sum payment estimated at about Ksh14 million, which is equivalent to one year’s salary as part of his retirement package. When combined, these pension-related claims significantly increase the total compensation amount being discussed in court, pushing it beyond Ksh80 million.
Beyond cash payments, Gachagua is also making requests for state-provided benefits. These include two official vehicles, one with an engine capacity not exceeding 2,000cc and another not exceeding 3,000cc. He further wants these vehicles to be replaced every four years at government expense.
He is also asking for a monthly fuel allowance of about Ksh180,000, which is calculated as 15 percent of his last salary. This would be in addition to the official vehicles he expects the government to provide.
His demands also extend to full medical coverage, both locally and for treatment abroad if necessary. He is requesting support staff including two drivers, a personal assistant, two cooks, two cleaners, and armed security personnel for protection.
In addition, Gachagua and his spouse are seeking diplomatic passports, which would grant them certain travel privileges. He also wants access to VIP airport lounges across Kenya.
His lawyers have argued that his removal from office happened very quickly, saying the impeachment process was rushed through Parliament. They claim that proceedings moved at an unusually fast pace, even extending into late hours, which they say limited his ability to properly defend himself.
The case has also brought up debate around earlier political remarks linked to tribalism and “shareholding” statements.
However, his legal team has defended him by arguing that references to Mt Kenya were misunderstood, stating that Mt Kenya is a geographical landmark and not a tribe, and adding that the country’s name itself is derived from the mountain.
The matter is still ongoing before a three-judge bench. The final decision is expected to be important, as it may set a strong constitutional precedent on both impeachment procedures and the issue of compensation for former state officers.
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