Gachagua Drops Reinstatement Bid, Now Seeks Compensation in New Legal Twist
Rigathi Gachagua has taken a new direction in his ongoing legal battle after abandoning his earlier request to be reinstated as Kenya’s Deputy President.
In a fresh development announced on Monday, April 27, Gachagua’s legal team confirmed that he is no longer pursuing a return to office. Instead, he is now focusing on seeking financial compensation following his impeachment, which he continues to challenge in court.
Appearing before the judges at the Milimani Law Courts, senior lawyer Paul Muite explained that the former Deputy President has shifted his case toward compensation for what he describes as an unlawful removal from office.
According to Muite, the compensation being sought includes unpaid salary, damages, and other benefits that Gachagua would have earned had he completed his term.
Muite told the court that the request for reinstatement had officially been dropped, emphasizing that the main goal now is to have the impeachment nullified and to secure payment for all lost earnings and entitlements. He argued that the court should recognize Gachagua’s removal as flawed and order compensation in line with the law governing public office holders.
The case is being heard by a three-judge bench made up of Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi, who are expected to determine the legality of the impeachment process and the remedies that may follow.
During the proceedings, Muite further argued that constitutional protections under Article 151 of the Constitution of Kenya were fully applicable throughout Gachagua’s time in office.
He insisted that these protections were not properly followed during the impeachment process.
According to the legal team, any attempt to remove a Deputy President must strictly follow constitutional procedures, and failure to do so renders the process invalid.
He also emphasized that impeachment laws should not be applied retrospectively, meaning that actions or interpretations introduced later cannot be used to justify decisions made earlier.
In his view, the process that led to Gachagua’s removal did not meet the required legal standards.
The petition presented before the court goes further to claim that the impeachment was not conducted fairly.
Gachagua’s lawyers argue that the process appeared to have a predetermined outcome, with limited room for public participation or objective consideration of the facts.
They claim the procedure was rushed and structured in a way that undermined fairness and transparency.
Additionally, the court was informed that Gachagua has raised a total of 18 key arguments that he wants the judges to consider carefully before making a final ruling.
These arguments are expected to form the backbone of his case as he seeks to prove that the impeachment was both unlawful and unconstitutional.
The hearing is set to continue, with additional court sessions scheduled for May 7 and May 8. Initially, Gachagua’s legal team had requested consecutive hearing dates to speed up the process.
However, the court declined this request, noting that it would not be practical to sit on Tuesday, April 28, due to ongoing interviews for judges of the Supreme Court.
Benefits and Compensation Gachagua is Claiming
Under Kenyan law, a sitting Deputy President is entitled to a gross monthly salary of approximately Ksh1.2 million. This salary is supported by several benefits, including housing allowances, entertainment funds, official transport, and security provisions.
Beyond these, a Deputy President is also entitled to a lifetime pension, which is calculated at about 80 percent of their final salary while in office.
Based on these entitlements, Gachagua’s legal team estimates that the total value of his lost earnings and future benefits exceeds Ksh450 million.
This figure includes both the income he would have earned for the remainder of his term and the long-term benefits tied to the office.
By shifting focus from reinstatement to compensation, Gachagua appears to be adjusting his legal strategy to seek financial redress rather than a political comeback.
The outcome of the case is now likely to hinge on whether the court finds that the impeachment process violated constitutional provisions and whether he is entitled to the significant compensation he is demanding.
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