Impeachment case: Gachagua drops reinstatement bid, now seeks damages

Former Deputy President Rigathi Gachagua has dropped his prayer seeking reinstatement to office and is now pursuing compensation and declarations that his impeachment was unconstitutional.

Appearing before the Milimani Law Court on Monday, Gachagua, through his lawyer Senior Counsel Paul Muite, argued that the impeachment process violated constitutional and legal procedures.

Muite is now seeking remuneration, benefits due to a former Deputy President, and damages for what he terms as an unlawful removal from office.

“The petitioner has abandoned the prayer for reinstatement as Deputy President,” Muite told the court.

Muite argued that the impeachment process was rushed and failed to meet the constitutional threshold for meaningful public participation.

"To emphasise the lack of meaningful public participation… the exercise was not adequate or meaningful. The public was not, for example, given the Deputy President’s side of the story. The public was only presented with the allegations made by the National Assembly,” he said.

He further argued that the process was procedurally flawed and did not allow citizens to make informed views based on balanced information.

Gachagua maintains that the impeachment process conducted by Parliament was unconstitutional and irregular, and failed to meet legal standards required under Article 151 of the Constitution.

“For the period of the two years that Gachagua served as the Deputy President, it is our submission that Article 151 of the Constitution is applicable. Impeachment cannot have been retrospective,” Muite said.

The court is still hearing the matter as Gachagua challenges the legality of his removal and seeks compensation for the period following his ouster.

Earlier, Gachagua and his spouse Dorcas arrived at the Milimani Law Courts in Nairobi ahead of the hearing of cases challenging his impeachment.

The proceedings are expected to address petitions contesting the legality and process of his removal from office. 

Also present in court are several politicians allied to Gachagua, who have shown solidarity as the matter comes before the bench.

The cases are being closely watched, given their political implications and the ongoing debate surrounding the impeachment.