Former Deputy President Rigathi Gachagua did not attend court proceedings on Monday when a three-judge panel delivered its highly anticipated judgment on petitions contesting his removal from office.
The bench, consisting of Justices Eric Ogola, Anthony Murima, and Freda Mugambi, rejected a request to delay the judgment and proceeded with announcing their decision.
The postponement request had been submitted by lawyer Harrison Kinyanjui, representing petitioner Enock Aura, whose case was among the combined petitions challenging Gachagua’s dismissal from office.
The judgment represents the latest development in a legal dispute originating from Gachagua’s removal in October 2024, which marked the first instance in Kenya’s history where a deputy president was ousted through the constitutional impeachment process.
Gachagua was impeached by the National Assembly on October 8, 2024, with the Senate subsequently confirming his removal on October 17 after evaluating 11 charges presented against him.
The allegations were generally categorized into three groups: serious constitutional violations, commission of crimes under domestic and international law, and gross misconduct.
Under the constitutional violations category, legislators accused Gachagua of violating integrity and national values provisions within the constitution, including articles concerning accountability, public service, and the rule of law.
He also faced accusations of contravening constitutional regulations that govern the conduct and duties of the Deputy President’s office.
Additional accusations included undermining governance and devolution principles, interfering with the Judiciary’s independence, not meeting leadership and integrity standards outlined in Chapter Six of the constitution, and violating accountability requirements for public officials.
The second category involved alleged offenses under domestic and international law.
These included claims that Gachagua breached the National Cohesion and Integration Act through statements and conduct alleged to promote ethnic division.
He also faced accusations of committing corruption and financial offenses under the Anti-Corruption and Economic Crimes Act and the Proceeds of Crime and Anti-Money Laundering Act.
Among the most serious allegations was that he had accumulated unexplained wealth totaling Sh5.2 billion within a two-year timeframe.
Legislators additionally accused him of violating provisions of the Penal Code and the Leadership and Integrity Act through alleged public deception.
The third category focused on allegations of serious misconduct. Parliament accused Gachagua of promoting tribalism and divisive politics through ethnic-based mobilization and favoritism, behavior considered incompatible with the position he held.
He also faced accusations of insubordination through alleged undermining of the President, Cabinet, and the effective operation of the national executive.
Another charge alleged that he consistently bullied and harassed government officials, public officers, and subordinates.
Although the National Assembly approved all 11 grounds, the Senate ultimately upheld five of them, clearing the path for his removal from office.
The Senate upheld the charge concerning Gachagua’s contentious “shareholding” statements, determining that these remarks incited ethnic division and violated his oath of office.
It also maintained allegations that he compromised judicial independence through public attacks on the Judiciary.
Legislators additionally determined that he violated the National Cohesion and Integration Act and committed offenses under the same law through statements and actions considered to promote ethnic divisions.
The fifth charge upheld by the Senate concerned serious misconduct, with senators concluding that Gachagua behaved in a manner inconsistent with his office by publicly attacking and undermining the National Intelligence Service (NIS) and its personnel.
In contesting the impeachment, Gachagua contended that he was deprived of a fair chance to defend himself before the Senate due to illness that resulted in hospitalization during the proceedings.
Nevertheless, the former deputy president later abandoned his original effort to reclaim the position and redirected his attention to seeking financial compensation and reinstatement of benefits linked to the office.
He is pursuing over Sh80 million in compensation and damages from the government stemming from his impeachment.
Among the claims is payment of salary and gratuity for the remaining five-year term he did not serve, estimated at more than Sh56 million.
He is also seeking a one-time retirement package, a monthly pension estimated at approximately Sh980,000, and comprehensive medical coverage.
Additionally, Gachagua desires reinstatement of various state privileges normally granted to former officeholders, including official vehicles, armed security, VIP airport access, and diplomatic passports.
The court’s decision is anticipated to have significant consequences for the constitutional boundaries of impeachment processes, the rights of public officials facing removal from office, and the entitlements available to former high-ranking government officials after vacating their positions.