Former Deputy President of Kenya, Rigathi Gachagua, has abandoned his prayer seeking reinstatement to office in his ongoing court challenge against his impeachment.
During proceedings on Monday before a three-judge bench comprising Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi, Gachagua’s legal team informed the court that the amended petition no longer seeks his return as Deputy President.
Instead, the petition now focuses on compensation and declarations that the impeachment process violated the Constitution and legal procedures.
Senior Counsel Paul Muite, leading Gachagua’s legal team, told the court that the former Deputy President is seeking compensation for remuneration, damages, and loss arising from what he terms as an unlawful and procedurally flawed removal from office.
“The petitioner has abandoned the prayer for reinstatement as Deputy President,” the court was told.
Gachagua argues that the impeachment process conducted by Parliament was unconstitutional, irregular, and failed to meet the threshold of public participation as required by law.
He claims that the public participation exercise was not meaningful, alleging that members of the public were only presented with allegations and alleged wrongdoing without being given full facts or balanced information to make informed views.
“For the period of the two years that Gachagua served as the Deputy President, it is our submission that Article 151 if the Constitution is applicable. Impeachment cannot have been retrospective,” Counsel Muite noted.
According to the petition, the process was designed to justify a predetermined outcome rather than genuinely collect public opinion.
He further maintains that the procedures leading to his removal disregarded constitutional safeguards and denied him a fair and lawful process.
“On the day he was supposed to defend himself, he fell ill. The Senate went ahead to impeach him by approving 5 out of 11 charges. There was absolutely no attempt by the National Assembly and the Senate to apply their minds to the gross violation of the constitution,” he said.
“What is alleged must be Serious, substantial and weighty. The allegations were vague, lacking in detail and wholly unfounded.”
The court has been told that the former DP has 18 arguments that he wants the three-judge bench to decide in his case.
The second hearing on the matter will be held on May 7, and the third hearing has been scheduled for May 8.
Gachagua’s team had slated three consecutive days for the hearing of the petition but the court said that it’s not able to sit tomorrow and the following day because of interviews for the Supreme Court Judges in which Justice Mrima will be among those conducting the process.
