DCP leader Rigathi Gachagua…Photo/CG
NAIROBI, Kenya
A three-judge High Court panel on Monday dismissed an application seeking to suspend the delivery of a landmark judgment on the impeachment of former Deputy President Rigathi Gachagua.
Justices Eric Ogola, Anthony Mrima, and Freda Mugambi rejected the eleventh-hour bid filed by lawyer Harrison Kinyanjui on behalf of a third party, clearing the way for the court to deliver its final verdict on the constitutionality of the October 2024 ouster.
The legal battle stems from Gachagua’s historic removal from office on Oct. 17, 2024, when the Senate upheld five of 11 impeachment charges previously passed by the National Assembly.
The charges included gross misconduct, corruption, promoting ethnically divisive politics, and insubordination. Gachagua has consistently denied all allegations, branding the process a politically motivated assault.
He previously argued his right to a fair hearing was violated when the Senate trial proceeded while he was hospitalized.
Recognizing that current Deputy President Kithure Kindiki has firmly assumed office, Gachagua’s legal team, led by veteran lawyer Paul Muite, dramatically altered its strategy ahead of the final verdict.
The former second-in-command dropped his initial prayer seeking reinstatement and instead filed an amended petition seeking significant financial damages.
Court documents reveal Gachagua is demanding more than Sh80 million in state compensation.
The financial breakdown includes Sh56 million in lost salary and gratuity for the remainder of his five-year term, a monthly retirement pension of Sh980,000, and comprehensive medical coverage.
He is also fighting to restore key state privileges, such as armed security, official vehicles, VIP airport access, and diplomatic passports.
Counsel representing the National Assembly and the Senate have urged the High Court to maintain structural boundaries, arguing that parliament remains the master of its own procedures.
The legislature’s defense maintains that political questions decided by a clear parliamentary majority cannot be lightly overturned by judicial intervention.
While Gachagua chose to skip Monday’s live courtroom proceedings, his team indicated that the legal standoff will not end at the High Court.
In a public address ahead of the ruling, Gachagua confirmed plans to escalate the case to the Court of Appeal if the three-judge panel upholds his removal.
Meanwhile, the Supreme Court of Kenya has scheduled its own parallel session for Friday morning to resolve underlying constitutional disputes regarding how the original judicial benches were empanelled.
