Gachagua Abandons Reinstatement, Demands Hefty Payout Over ‘Unlawful’ Impeachment

Former Deputy President abandons reinstatement bid, now seeks full five-year compensation package

NAIROBI, Kenya – Former Deputy President Rigathi Gachagua has dramatically shifted his legal strategy, abandoning his quest for reinstatement and instead demanding substantial financial compensation from the government over what he terms his “unlawful” impeachment.

In a significant turn of events at the High Court on Thursday, Gachagua’s legal team, led by senior counsel Paul Muite, sought permission to amend their original petition to pursue monetary damages equivalent to what the former DP would have earned during a complete five-year term in office.

“The petitioner wishes to challenge the legality of his impeachment and will be seeking leave to amend the prayers. He will be asking for the money he would have earned had he served the full five-year term,” Muite informed the court during proceedings.

The move represents a strategic pivot from Gachagua’s initial legal challenge, which primarily focused on overturning his removal from office and securing his return to the deputy presidency. The former DP’s legal team made it clear they would no longer pursue any declarations for reinstatement.

Muite emphasized the personal nature of the case, distancing it from broader public interest considerations.

“This petition is not a matter of public interest. It is a personal matter that directly affects the petitioner, who is the one impeached,” he stated.

The lawyer also indicated that no interlocutory applications would be filed, requesting the court to schedule the earliest possible hearing dates to expedite the matter.

Notably, the government respondents in the case did not oppose Gachagua’s application to amend his petition, potentially clearing the path for the revised legal challenge to proceed without initial procedural hurdles.

While the exact amount Gachagua is seeking has not been disclosed, the compensation package for a full five-year deputy presidential term would likely run into tens of millions of shillings when factoring in salary, allowances, benefits, and other entitlements associated with the office.

The deputy president’s position comes with substantial remuneration, including basic salary, housing allowances, transport benefits, and various other constitutional entitlements that accumulate significantly over a five-year period.

The change in legal strategy suggests Gachagua’s legal team may have assessed their chances of securing reinstatement as limited, opting instead for what they perceive as a more viable path to financial redress.

By framing the impeachment as unlawful, Gachagua is essentially arguing that his removal violated due process, entitling him to compensation for the financial losses incurred as a result of what he claims was an illegal action by the state.

Gachagua’s impeachment marked a significant political development in Kenya’s recent history, with the former DP becoming the first deputy president to be removed from office through parliamentary proceedings under the current constitutional framework.

The impeachment process attracted widespread public attention and political commentary, with various stakeholders offering differing views on the legality and propriety of the proceedings.

The court is expected to rule on the application to amend the petition in the coming days, which would then pave the way for substantive hearings on Gachagua’s compensation claims.

If successful, the case could set a significant precedent regarding the financial liability of the state in cases where constitutional officers challenge the legality of their removal from office.

The matter highlights the complex interplay between constitutional law, political processes, and individual rights in Kenya’s evolving democratic framework.