Gachagua Demands for Benefits after being Impeached

Former Deputy President Rigathi Gachagua has changed his legal approach in the ongoing court battle over his removal from office, dropping his earlier push to be reinstated as Deputy President.

Instead, Gachagua has amended his petition in the High Court to focus on compensation, benefits, and constitutional declarations challenging the legality of his impeachment.

Court documents and proceedings show that Gachagua is now asking the court to declare that his impeachment process violated the Constitution and due legal procedures. He also wants compensation for loss of office, including benefits he argues he would have earned had he served his full term.

According to his legal team led by Senior Counsel Paul Muite, the former Deputy President is no longer interested in returning to office. The focus has shifted to what he describes as “unlawful removal” and the financial and reputational damage that followed.

The High Court has already allowed amendments to the petition, clearing the way for the revised case to proceed. The State did not oppose the changes.

Why the change in strategy

Initially, Gachagua’s legal battle included prayers for reinstatement to office. However, his lawyers told the court that this was no longer practical or relevant, given how far the political and legal process had progressed since his impeachment.

The revised approach mirrors a growing legal trend in constitutional cases where ousted officials pursue compensation rather than reinstatement, especially when political realities make a return to office unlikely.

What the case is now about

At the centre of the case are three main issues:

• Whether the impeachment process followed constitutional and parliamentary procedures

• Whether his rights as a sitting Deputy President were violated

• Whether he is entitled to compensation and benefits for the remainder of his term

Gachagua maintains that his removal was unconstitutional and politically motivated, and that it cost him the remainder of a five-year term he was elected to serve.

Court timeline

The impeachment-related petitions are already active in the High Court, with hearings scheduled before a three-judge bench. The matter is expected to proceed in stages, with both the petitioners and the government presenting arguments on legality and constitutional interpretation.

The bigger picture

Gachagua was impeached by Parliament in October 2024 and later removed from office after Senate proceedings upheld the decision. Since then, he has filed multiple constitutional petitions challenging the process.

The latest move shows a clear shift: instead of fighting to return to office, he is now building a case around compensation and constitutional accountability.