Why Gachagua Has Abandoned His Reinstatement Fight and What He Wants Instead

The former Deputy President, Rigathi Gachagua, has shelved any attempt to recover his former seat and is now focusing only on claiming compensation for his removal from office.

Lawyers, led by Senior Counsel Paul Muite, conceded in court on Monday that their amended petition no longer sought the former Deputy President’s reinstatement, revealing the change of tune to the three-judge bench of Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi.

Instead, the petition now specifically seeks compensation on account of payments of remuneration, damages, and loss arising from what Gachagua claims was an unconstitutional and unlawful ouster process.

Also Read: Irungu Kang’ata Breaks Silence on Working with Ruto or Gachagua

Unconstitutionality of Impeachment and Lack of Public Participation

His lawyer stated that impeachment by Parliament was unconstitutional and the exercise failed to satisfy the minimum required public participation.

They claim the public participation was an empty exercise, presenting the public with alleged wrongdoing but providing no facts for forming a reasoned opinion. The former Deputy President’s lawyers say that there was a violation of the rules in his removal, and the process used lacked fairness.

The allegations, Gachagua says, were in the petition, meant to be a formality in justifying an already predetermined outcome of his removal from office, not a genuine call for public opinion.

Also Read: Kenyatta University Announces Multiple Job Vacancies: How to Apply

Gachagua’s  Request for a Three-Judge Bench to Consider 18 Separate Grounds

They claim that on the day Gachagua was to prove his innocence, he fell sick, but still the senate proceeded to vote for 5 of the 11 charges leveled against him.

They also stated that the National Assembly and Senate did not apply their minds at all and the violation of the constitution was egregious, as the allegations were all vague, lacking particulars and being baseless.

The former Deputy President wants the three-judge bench to consider 18 separate grounds, the court has been informed.

They have scheduled a second hearing on this matter for May 7 and a third for May 8.

Gachagua’s team wanted three consecutive days to present their case, but the court said that the judiciary will not be sitting for three days in a row, as Justice Mrima will be busy interviewing the Supreme Court Judges and conducting their process.

Follow our WhatsApp channel for instant news updates

The Court Marks second hearing on this matter to be slated for May 7, with a third hearing scheduled for May 8. PHOTO/ODPP