Former Deputy President Rigathi Gachagua has opted to pursue compensation for the remainder of his term instead of reinstatement, as he continues to challenge the legality of his impeachment.
Through senior counsel Paul Muite, Gachagua told a three-judge bench on Thursday, May 29, 2025, that while he still contests the constitutionality of his removal from office, he no longer seeks a return to the Deputy President’s post.
“The petitioner wishes to vigorously challenge the legality and constitutionality of his impeachment and will be seeking to persuade the court to accordingly set aside the impeachment case,” Muite told the bench composed of Justices Eric Ogola, Anthony Mrima, and Freda Mugambi.
Gachagua is now seeking full compensation for the five-year term he was elected to serve, including salaries and benefits, as well as additional damages.
His legal team was granted leave to amend the petition to include the new reliefs sought.
The bench ruled there was no objection to the application to amend the petition and directed all parties to file their written submissions within 14 days, with any rejoinders to be filed within seven days thereafter.
This development follows a Court of Appeal ruling on May 9, 2025, which clarified that only Chief Justice Martha Koome has the constitutional authority to empanel a High Court bench.
The court overturned Deputy Chief Justice Philomena Mwilu’s earlier appointment of the current bench but stopped short of barring the same judges from being reappointed.
CJ Koome later reappointed Justices Ogola, Mrima, and Mugambi to continue presiding over the impeachment petitions.
Gachagua had initially opposed their appointment, arguing it was unconstitutional since Mwilu lacked authority to assign judges in the CJ’s absence.
The case continues to draw national attention as it raises significant constitutional and political
By Kenyans