Former Deputy President Rigathi Gachagua has officially dropped his bid to reclaim his former office, pivoting his legal strategy in the ongoing challenge against his impeachment.
Appearing before a three-judge bench on Monday, comprising Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi, Gachagua’s legal team signaled a major shift by amending their petition to remove the request for reinstatement.
Instead of fighting to return to his post, Gachagua is now focusing on securing financial compensation and a formal declaration that his removal was unconstitutional. His lead counsel, Paul Muite, argued that the impeachment process ignored vital legal procedures and constitutional protections. Muite informed the court that the former deputy president now seeks damages for lost remuneration and benefits, as well as compensation for the professional losses he suffered due to what he describes as a “procedurally flawed” exit.
“The petitioner has abandoned the prayer for reinstatement as Deputy President,” Muite told the court, clarifying that the fight is now about accountability and clearing Gachagua’s name.
The legal team continues to maintain that the rushed nature of the impeachment denied the former official a fair hearing, and they hope the court will eventually rule the entire exercise invalid.
Gachagua contends that the impeachment process carried out by Parliament was unconstitutional and irregular, failing to meet the legal requirements for meaningful public participation. He asserts that the exercise lacked substance, as the government merely presented citizens with accusations of wrongdoing without providing the full facts or balanced information necessary for them to form an informed opinion.
“For the period of the two years that Gachagua served as the Deputy President, it is our submission that Article 151 if the Constitution is applicable. Impeachment cannot have been retrospective,” Counsel Muite noted.
His legal team further argues that the proceedings ignored the gravity required for such a significant constitutional move. They maintain that the removal process should not apply retroactively and that the courts must strictly interpret the laws governing the dismissal of top officials. By challenging the validity of the public’s involvement, Gachagua hopes to prove that his removal lacked the democratic foundation required by the Constitution.
The petition asserts that the government designed the entire exercise to justify a predetermined outcome rather than to genuinely gather public sentiment. Gachagua maintains that the procedures leading to his ouster ignored critical constitutional safeguards, effectively denying him a fair and lawful hearing.
“On the day he was supposed to defend himself, he fell ill. The Senate went ahead to impeach him by approving 5 out of 11 charges. There was absolutely no attempt by the National Assembly and the Senate to apply their minds to the gross violation of the constitution,” his counsel stated.
The legal team further argued that for an impeachment to hold weight, the accusations must be serious, substantial, and weighty. They dismissed the current allegations as vague, lacking in detail, and wholly unfounded. Gachagua’s team has presented 18 specific arguments for the three-judge bench to consider as they weigh the legality of his removal.
While the defense hoped for three consecutive days of testimony, the court scheduled the second and third hearings for May 7 and May 8. The judges explained that the court cannot sit immediately because Justice Mrima must participate in upcoming interviews for Supreme Court judges.
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