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Post Reply: Gachagua Abandons Push For Reinstatement As Deputy President And Now Demands Compensation Over Impeachment

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on April 27, 2026, 10:05 am</div><div id="pl-8985" class="panel-layout">
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<p dir="auto">Former Deputy President Rigathi Gachagua has dropped his bid to be reinstated to office following his impeachment and is instead seeking financial compensation together with a court declaration that the entire removal process was unconstitutional.</p>
<p dir="auto">The development emerged on April 27 2026 during a High Court hearing at Milimani Law Courts in Nairobi where Gachagua appeared personally alongside his wife Dorcas Rigathi. The matter is before a three judge bench comprising Justices Eric Ogolla Anthony Mrima and Freda Mugambi.</p>
<p dir="auto">Senior Counsel Paul Muite who is leading Gachagua legal team formally notified the court that the petitioner has abandoned the prayer for reinstatement as Deputy President. The team then submitted an amended petition along with a bundle of authorities and written submissions raising a total of 18 issues for the court to determine.</p>
<p dir="auto">Gachagua is now pursuing damages for lost earnings benefits and other losses suffered as a result of what he terms his unlawful removal from office. He also wants the court to declare that the impeachment proceedings violated the Constitution.</p>
<p dir="auto">His lawyers argued that the process was procedurally flawed and failed to meet the required constitutional thresholds. They particularly highlighted shortcomings in public participation which they described as superficial and not allowing citizens to make informed contributions. According to the submissions mere allegations were presented to the public without full disclosure of the underlying facts.</p>
<p dir="auto">The legal team further contended that Gachagua right to a fair hearing was violated. On the critical day when he was supposed to defend himself before the Senate he fell ill yet the Senate proceeded and approved five out of the eleven charges against him without due consideration.</p>
<p dir="auto">Counsel argued that the allegations leveled against Gachagua were vague unsupported and did not satisfy the constitutional requirement for impeachment which demands that claims must be serious substantial and weighty. They added that impeachment proceedings cannot be applied retrospectively and that constitutional provisions for the removal of office holders must be interpreted strictly.</p>
<p dir="auto">The court scheduled further hearings for May 7 and May 8 2026 although the judges noted that they would not sit on consecutive days because of other commitments including Supreme Court judge interviews in which Justice Mrima is participating.</p>
<p dir="auto">This latest shift in Gachagua legal strategy marks a significant turn in the high stakes challenge against his impeachment which has drawn considerable public and political attention since the process unfolded. The former deputy president maintains that his removal was not conducted in line with the law and he is now focused on securing remedies through compensation rather than returning to the position.</p>
<p dir="auto">The case continues with the court expected to deliberate on the multiple constitutional and procedural issues raised in the amended petition.</p>

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