Former Deputy President Rigathi Gachagua has shifted his legal strategy, opting to pursue compensation for what he terms an “unlawful impeachment,” rather than seeking reinstatement to office.
Appearing before a three-judge bench at the Milimani High Court on Thursday, May 29, Gachagua’s lawyer, Paul Muite, told the court that his client would now focus on constitutional redress. He said Gachagua intends to challenge the legality of his removal and seek damages for the term he believes was unfairly cut short.
“The petitioner wishes to vigorously challenge the legality and constitutionality of his impeachment and will be seeking to persuade this Honourable Court to grant him a monument he would have earned had he served for the entire five years for which he had been elected by the Kenyan people,” Muite stated.
He further clarified that all previous prayers seeking reinstatement would be dropped as they no longer align with the revised legal approach.
“These are the prayers of declaration, E565 in its current form; those are prayers, a declaration that the petitioner wishes to be abandoned,” Muite said.
The court was informed that none of the respondents opposed the proposed amendments. In its ruling, the bench—comprising Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi—granted Gachagua and the other petitioners leave to amend their court filings within seven days. The respondents were given an equal window to update their responses if necessary.
“Leave is hereby granted to the petitioners to further amend their respective petitions, if need be, within seven days from today. Leave is also granted to the respondents to further amend, as the case may be, their respective responses in the petition also within seven days,” the court ruled.
Noting the high public interest in the case, the judges also directed that all pending applications—such as those for withdrawal or further amendments—be consolidated and heard together.
“Taking into account the public interest issues in this matter… all pending applications, if any, shall be heard together in the petitions,” the court ordered.
The case will be mentioned on June 19, 2025, for compliance and to issue further directions ahead of the hearing.
The three-judge bench was appointed by Chief Justice Martha Koome to hear consolidated petitions challenging Gachagua’s ouster. This followed a ruling on May 9 by the Court of Appeal, which overturned an earlier attempt by Deputy Chief Justice Philomena Mwilu to form a similar bench.
