Former Deputy President Rigathi Gachagua has stirred fresh debate across the country after dramatically shifting his legal strategy in the ongoing impeachment case, abandoning his bid for reinstatement and instead seeking compensation.
Appearing before a three-judge bench led by Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi, Gachagua’s legal team, headed by Senior Counsel Paul Muite, informed the court that the amended petition no longer seeks to restore him to office.
This unexpected move has left many Kenyans puzzled, as earlier indications suggested he would strongly pursue reinstatement.
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Instead, Gachagua is now pushing for financial compensation, including lost earnings, damages, and benefits tied to the Deputy President’s office. His lawyers argue that his impeachment was unconstitutional, procedurally flawed, and failed to meet the legal threshold required under the Constitution.
According to court submissions, Gachagua maintains that the impeachment process lacked meaningful public participation and was designed to achieve a predetermined outcome.
His legal team further claims that he was denied a fair opportunity to defend himself, noting that proceedings continued in his absence after he reportedly fell ill.
“The petitioner has abandoned the prayer for reinstatement,” Muite told the court, emphasizing that the focus is now on declarations that Gachagua’s removal violated constitutional safeguards.
The former Deputy President is also challenging the weight and credibility of the allegations used to impeach him, describing them as vague, unsubstantiated, and insufficient to justify his removal from office.
Gachagua has presented 18 legal arguments for determination by the bench, signaling a complex and potentially precedent-setting case. The hearings are scheduled to continue on May 7 and May 8.
The shift in strategy has triggered mixed reactions, with some Kenyans questioning his motives, while others view it as a pragmatic move aimed at securing justice through compensation rather than political reinstatement.
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