Former Deputy President Rigathi Gachagua "has suffered yet another blow after the High Court in Milimani declined to overturn the swearing-in of his successor Prof. Kithure Kindiki." The three-judge bench, composed of Justices Eric Ogola, Anthony Mrima, and Dr. Freda Mugambi, ruled on Thursday that the petition to challenge Kindiki’s appointment "had already been overtaken by events."
The ruling came as a culmination of several applications filed by Gachagua’s legal team. His lawyers had notably challenged an earlier decision to allow Kindiki's swearing-in, arguing that it was "a fruit from a poisonous tree," but this claim was firmly rejected. Judge Anthony Mrima clarified the court's position, stating, “These applications have been overtaken by events following the judgement by the Court of Appeal and by the ruling of this court.” Similarly, a petition to have the bench recuse itself from the matter was also dismissed.
With the door to his old office now officially closed by the judiciary, Gachagua’s legal strategy has taken a dramatic turn. His team "had abandoned the quest to have their client pursue a reinstatement to the office of the Deputy President," and is now "instead seeking compensation." This pivot marks a new chapter in his legal battle, transforming a political power struggle into a high-stakes financial claim.
Gachagua’s lawyer, Paul Muite, outlined the new objective: “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.” The "monument" in question is no small sum. According to the petition, Gachagua is seeking a "Ksh.1.2 million monthly salary for the remainder of term he was to serve, which would translate to Ksh.40 million," in addition to the reinstatement of "his security and other related retirement benefits."
Despite these setbacks, Gachagua’s team did secure a minor win as the court "threw out a petition by Frederick Mula to take over the petition from him as a matter of public interest." However, the main thrust of the day's ruling solidifies Gachagua’s new legal path.
