Former Deputy President Rigathi Gachagua has returned to court in a renewed attempt to challenge his impeachment, setting the stage for another major legal and political battle in Kenya.
The case, which is being heard at the Milimani Law Courts in Nairobi, has once again drawn national attention as lawyers, politicians, and constitutional experts closely follow the proceedings.
Gachagua appeared before a three-judge bench consisting of Justices Erick Ogolla, Anthony Mrima, and Freda Mugambi.
The court is expected to give directions on several pending applications while also listening to arguments surrounding the legality of the impeachment process that removed him from office in October 2024.
The former deputy president argues that the impeachment carried out by Parliament was unconstitutional and failed to meet the legal standards required under Kenyan law.
According to his legal team, the process was rushed, irregular, and lacked proper public participation. They insist that his removal from office violated constitutional procedures and denied him fair treatment.
During earlier court sessions, Gachagua’s lawyers revealed that he had abandoned his request to be reinstated as deputy president.
Instead, the former second-in-command is now focusing on seeking compensation, declarations from the court that the impeachment was unlawful, and restoration of benefits he claims were unfairly withdrawn after his removal from office.
Senior Counsel Paul Muite, who is leading Gachagua’s legal team, told the court that his client suffered major financial and reputational losses as a result of what he termed an illegal impeachment.
The lawyers argue that Gachagua is entitled to compensation for salary, allowances, security, and other benefits linked to the office he once held.
Gachagua became the first deputy president in Kenya’s history to be impeached under the 2010 Constitution. The impeachment followed months of growing tension between him and President William Ruto.
Members of Parliament accused Gachagua of several offenses, including promoting ethnic division, violating his oath of office, undermining government institutions, and engaging in conduct considered unbecoming of a state officer.
In October 2024, the National Assembly voted overwhelmingly in support of the impeachment motion before the matter proceeded to the Senate.
The Senate later upheld several charges against him, leading to his removal from office. Shortly afterward, Kithure Kindiki was nominated and sworn in as the new deputy president.
At the time of the Senate proceedings, Gachagua’s lawyers informed lawmakers that he had been hospitalized after experiencing chest pains. His legal team requested an adjournment, arguing that he was unwell and unable to fully participate in the hearings.
However, the Senate proceeded with the impeachment process despite the request, a decision that has now become part of the arguments in the ongoing court case.
Recent court filings have also introduced new details surrounding the events that took place during the impeachment period.
Cardiologist Dr. Daniel Gikonyo reportedly filed an affidavit stating that President Ruto personally called to inquire about Gachagua’s medical condition while he was admitted to hospital.
The medical reports and testimony are expected to form part of the evidence being examined by the court.
Political analysts believe the renewed court battle could have significant political implications ahead of the 2027 General Election.
Since leaving office, Gachagua has repositioned himself politically and has become one of the government’s strongest critics. He has also intensified campaigns through his Democracy for the Citizens Party (DCP), presenting himself as a defender of ordinary Kenyans and regional political interests.
Some legal experts argue that if the court eventually rules in Gachagua’s favor, it could trigger serious constitutional questions regarding decisions made after his impeachment.
Others, however, believe the court may limit itself to compensation and declarations without interfering with the current structure of government leadership.
Despite abandoning his bid for reinstatement, Gachagua has remained firm that he wants the court to establish that his removal from office was flawed and unconstitutional.
His supporters view the case as a fight for justice and accountability, while critics see it as part of a broader political strategy ahead of future elections.
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