Former Deputy President Rigathi Gachagua was absent from court on Monday as a three-judge bench delivered a highly anticipated ruling on petitions challenging his impeachment from office.
The bench, comprising Eric Ogola, Anthony Murima, and Freda Mugambi, declined an application seeking to postpone the judgment and proceeded with delivering its verdict.
The request for adjournment had been filed by lawyer Harrison Kinyanjui on behalf of petitioner Enock Aura, whose case was among several consolidated petitions challenging Gachagua’s removal from office.
The ruling marks another major development in the legal and political battle that has unfolded since October 2024, when Gachagua became the first deputy president in Kenya’s history to be removed through the constitutional impeachment process.
Historic Impeachment
Gachagua’s troubles began when the National Assembly voted to impeach him on October 8, 2024.
The matter was subsequently forwarded to the Senate, which upheld the impeachment on October 17 after considering 11 charges presented against him.
The accusations were grouped into three broad categories: gross violation of the Constitution, commission of crimes under national and international law, and gross misconduct.
The impeachment proceedings attracted significant public attention, with both supporters and critics closely monitoring the outcome.
Constitutional Violations Alleged
Among the allegations levelled against Gachagua were claims that he violated several constitutional provisions relating to leadership, integrity, accountability, and national values.
Lawmakers accused him of breaching articles governing public service, the rule of law, and the responsibilities attached to the Office of the Deputy President.
He was also accused of undermining principles of governance and devolution, interfering with the independence of the Judiciary, and failing to uphold the leadership and integrity standards contained in Chapter Six of the Constitution.
Parliament further alleged that he violated provisions requiring state officers to remain accountable and uphold public trust while discharging their duties.
Allegations of Criminal Conduct
The second category of accusations involved alleged violations of national and international law.
Among the most prominent claims were allegations that Gachagua breached the National Cohesion and Integration Act through remarks and conduct considered divisive and likely to promote ethnic tensions.
Lawmakers also accused him of involvement in corruption and economic crimes under the Anti-Corruption and Economic Crimes Act and the Proceeds of Crime and Anti-Money Laundering Act.
One of the most serious accusations concerned claims that he had accumulated unexplained wealth worth approximately Sh5.2 billion within a two-year period.
Additionally, Parliament accused him of misleading the public in violation of the Penal Code and the Leadership and Integrity Act.
Gross Misconduct Claims
The third category focused on allegations of gross misconduct.
According to Parliament, Gachagua promoted tribalism and ethnic-based mobilisation in a manner inconsistent with his constitutional responsibilities.
He was further accused of undermining the President, Cabinet, and the effective functioning of the national executive through acts of insubordination.
Other allegations included claims that he persistently harassed and bullied state officials, public servants, and subordinates.
While the National Assembly approved all 11 charges, the Senate ultimately upheld five of them, paving the way for his removal from office.
Charges Upheld by the Senate
Among the charges sustained by senators was the controversial “shareholding” remark, which they found to have promoted ethnic division and violated the oath of office.
The Senate also upheld allegations that Gachagua undermined the independence of the Judiciary through public criticism of judges and court processes.
Further, senators concluded that he had violated provisions of the National Cohesion and Integration Act through statements and actions deemed divisive.
The final charge upheld concerned gross misconduct, with the Senate finding that Gachagua had improperly attacked and undermined the work of the National Intelligence Service (NIS) and its officers.
These findings ultimately sealed his removal from office.
Fight for Compensation
Although Gachagua initially sought to overturn the impeachment and regain his position, he later shifted his legal strategy.
Instead of pursuing reinstatement, the former deputy president began seeking compensation and restoration of benefits associated with the office.
He is seeking more than Sh80 million from the government in damages and compensation linked to his impeachment.
Part of the claim includes salary and gratuity for the remainder of the term he did not complete, estimated at over Sh56 million.
He is also seeking a retirement package, a monthly pension estimated at about Sh980,000, and comprehensive medical cover.
Demand for State Privileges
In addition to financial compensation, Gachagua wants several benefits typically accorded to former holders of the office restored.
These include official government vehicles, armed security protection, diplomatic passports, VIP access at airports, and other privileges associated with former senior state officers.
His legal team argues that despite the impeachment, he remains entitled to certain protections and benefits under the law.
Far-Reaching Implications
The court’s ruling is expected to have significant implications for Kenya’s constitutional and political landscape.
Legal experts believe the decision could shape future impeachment proceedings, clarify the rights of state officers facing removal from office, and determine what benefits remain available to officials removed through impeachment.
The case has also reignited debate over accountability in public office, the limits of executive power, and the balance between political processes and constitutional protections.
With the ruling now delivered, attention is likely to shift to the next legal and political steps available to Gachagua as he continues his fight over the consequences of his historic impeachment.