Former DP Rigathi Gachagua impeachment proceedings at Milimani High Court/JAMES GICHIGI
Former Deputy President Rigathi Gachagua is now seeking compensation for what he terms an "unlawful impeachment," shifting his legal strategy to focus on constitutional redress rather than his reinstatement.
This comes after the Milimani High Court granted him and other petitioners leave to amend their respective petitions to reflect this new direction.
Appearing before a three-judge bench on Thursday, May 29, Gachagua’s lawyer, Paul Muite, informed the court that his client was no longer pursuing reinstatement to the deputy president position.
Instead, he seeks to challenge the legality of his removal from office and to be awarded compensation for the term he says was unjustly cut short.
“The petitioner wishes to vigorously challenge the legality and constitutionality of his impeachment and will be seeking to persuade this Honourable Court to grant him a monument he would have earned had he served for the entire five years for which he had been elected by the Kenyan people,” Muite told the court.
Muite clarified that the amendments would remove previous prayers regarding reinstatement, describing them as no longer relevant to the case.
“These are the prayers of declaration, E565 in its current form; those are prayers, a declaration that the petitioner (Rigathi Gachagua) wishes to be abandoned,” he said.
He urged the court to allow the petition to be amended accordingly.
The respondent's legal team informed the court that they had no objection to the amendments sought by the petitioners.
The bench comprising Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi granted the petitioners leave to amend their filings.
“Leave is hereby granted to the petitioners to further amend their respective petitions, if need be, within seven days from today. Leave is also granted to the respondents to further amend, as the case may be, their respective responses in the petition also within seven days,” the court ruled.
Recognising the weight of the issues raised and the public interest involved, the judges also directed that all pending applications, including any motions for withdrawal or further leave, be heard together.
“Taking into account the public interest issues in this matter in regard to the questions raised and the institution taken by parties towards an expedited determination of these petitions, all pending applications, if any, shall be heard together in the petitions,” the court said.
The matter is scheduled for mention on June 19, 2025, for compliance and to issue further directions ahead of the hearing.
The bench was empaneled by Chief Justice Martha Koome to hear a series of constitutional petitions challenging Gachagua’s impeachment.
This followed a May 9 ruling by the Court of Appeal that quashed an earlier attempt by Deputy Chief Justice Philomena Mwilu to constitute a similar bench.
