Former Deputy President Rigathi Gachagua is scheduled to return to the Milimani Law Courts today, Thursday, May 7, for the continuation of his high-stakes petition challenging his 2024 removal from office. This case is being presided over by a distinguished three-judge bench consisting of Justices Erick Ogolla, Anthony Mrima, and Freda Mugambi. The court is expected to issue directions on various pending applications and hear substantive arguments regarding the constitutionality of the impeachment process that led to Gachagua's ousting.

In a significant shift in his legal strategy, Gachagua, who now leads the Democracy for the Citizens Party (DCP), has officially abandoned his initial pursuit of being reinstated to the Office of the Deputy President. According to his lead counsel, Senior Counsel Paul Muite, the legal team has pivoted its focus towards seeking financial compensation for lost remuneration and general damages for losses incurred due to what Gachagua terms an 'unlawful' removal. Furthermore, the petition now seeks formal constitutional declarations that the impeachment process violated established legal standards. Muite explicitly informed the court, 'The petitioner has abandoned the prayer for reinstatement as Deputy President,' signaling a clear move towards clearing Gachagua’s name and securing a financial settlement rather than a return to office.

The grounds of Gachagua’s petition primarily assert that the impeachment process, which concluded in Parliament in October 2024, was fundamentally flawed. During the initial hearing on April 27, the former DP argued that the exercise failed to meet the mandatory legal threshold for public participation and was procedurally irregular, failing to adhere to strict constitutional requirements. Adding to these claims, Gachagua has previously alleged that the entire process was tainted by corruption, specifically claiming that bribes were solicited within both the National Assembly and the Senate to secure the votes necessary for his removal.

Rigathi Gachagua holds the historic distinction of being the first Deputy President in Kenya’s history to be successfully impeached. While the political landscape has moved forward since his removal, this ongoing judicial review remains a critical test of parliamentary procedures and the constitutional protections afforded to the holders of the nation’s second-highest office. As the three-judge bench listens to today’s arguments, the outcome of this case could establish a major precedent for future executive and legislative interactions and the safeguarding of constitutional principles in Kenya.