Change of Tune As Gachagua Drops Bid to Return to Office Shifts Focus to Compensation in Impeachment Case

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Former Deputy President Rigathi Gachagua has abandoned his prayer seeking reinstatement to office in his ongoing court challenge against his impeachment.

During proceedings on Monday before a three-judge bench comprising Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi, Gachagua’s legal team informed the court that the amended petition no longer seeks his return as Deputy President.

Instead, the revised petition focuses on compensation and declarations that the impeachment process violated the Constitution and due legal procedures.

Senior Counsel Paul Muite, who is leading Gachagua’s legal team, told the court that the former Deputy President is now pursuing compensation for remuneration, damages, and losses arising from what he describes as an unlawful and procedurally flawed removal from office.

“The petitioner has abandoned the prayer for reinstatement as Deputy President,” the court was told.

The shift in legal strategy marks a significant turn in Gachagua’s case, which had initially sought to overturn the impeachment and secure his return to office.

By dropping the reinstatement request, the case now centres on whether due process was followed and whether his rights were violated during the impeachment proceedings.

Lawyers representing Gachagua argued that the process leading to his removal failed to meet constitutional thresholds, and that the outcome caused him both financial and reputational harm.

They maintained that the court should make declarations affirming that the impeachment was unconstitutional, in addition to awarding appropriate compensation.

The three-judge bench is expected to consider the amended petition and determine whether the claims meet the legal standards required for the reliefs sought.

The court will also assess whether the alleged procedural violations warrant compensation and other remedies.

The development comes amid heightened public interest in the case, which has drawn attention to the constitutional requirements governing the impeachment of senior state officers.

Legal experts have noted that the outcome could have far-reaching implications for how similar cases are handled in the future.

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