CALEB MWENDWA MUSYOKI
The highly anticipated three-day hearing of the petition challenging the impeachment of former Deputy President Rigathi Gachagua took an unexpected turn yesterday at the Milimani Law Courts. In a session marked by a significant shift in legal strategy and a sudden procedural delay, the court has adjourned the matter until May 7–8, 2026.
During Case hearing this is what unfolded at the latest courtroom showdown:
1. A New Legal Goal: Compensation over Reinstatement - In a move that surprised many political observers, Gachagua’s legal team, led by Senior Counsel Paul Muite, informed the three-judge bench that the former Deputy President is no longer seeking to be reinstated to his former office. Instead, Gachagua is now focused on "clearing his name" and seeking financial restitution.
The defense is now asking the court to:
Quash the Impeachment - Declare the October 2024 ouster unconstitutional, illegal, and procedural flawed.
Special Damages - Award over Sh80 million in compensation for lost remuneration and damages.
Retirement Benefits - Secure his full pension and retirement perks, arguing that an "illegal" impeachment should not strip him of his hard-earned benefits.
2. Lightning Speed and Constitutional Flaws - The defense mounted a vigorous attack on how the National Assembly and the Senate handled the removal. Muite argued that Gachagua was removed at "lightning speed," denying him the constitutional right to a fair hearing. The team further contended that the public participation exercise was a "mere cosmetic formality" that did not meet the legal threshold required for an office of such high standing.
Quash the Impeachment - Declare the October 2024 ouster unconstitutional, illegal, and procedural flawed.
Special Damages - Award over Sh80 million in compensation for lost remuneration and damages.
Retirement Benefits - Secure his full pension and retirement perks, arguing that an "illegal" impeachment should not strip him of his hard-earned benefits.
2. Lightning Speed and Constitutional Flaws - The defense mounted a vigorous attack on how the National Assembly and the Senate handled the removal. Muite argued that Gachagua was removed at "lightning speed," denying him the constitutional right to a fair hearing. The team further contended that the public participation exercise was a "mere cosmetic formality" that did not meet the legal threshold required for an office of such high standing.
3. The Sudden Adjournment - The hearing, which was originally scheduled to run for three consecutive days this week, was cut short due to the "improper constitution" of the bench.
The Reason: One of the presiding judges, Justice Anthony Mrima, is currently involved in the Judicial Service Commission (JSC) interviews to fill a vacancy at the Supreme Court.
The New Date: Presiding Judge Eric Ogolla directed that the case resume on May 7, 2026, once the bench is fully available to hear the remaining arguments.
The Reason: One of the presiding judges, Justice Anthony Mrima, is currently involved in the Judicial Service Commission (JSC) interviews to fill a vacancy at the Supreme Court.
The New Date: Presiding Judge Eric Ogolla directed that the case resume on May 7, 2026, once the bench is fully available to hear the remaining arguments.
Here are some of the Key Takeaways from the Milimani Session
Feature | Status/UpdateCurrent Objective | Damages, Pension, and Quashing the "Impeachment Label."
Succession Challenge | Gachagua is also challenging the legality of Prof. Kithure Kindiki’s appointment.
Next Hearing Date | May 7, 2026 at 9:00 AM.
The Bench | Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi.
Feature | Status/UpdateCurrent Objective | Damages, Pension, and Quashing the "Impeachment Label."
Succession Challenge | Gachagua is also challenging the legality of Prof. Kithure Kindiki’s appointment.
Next Hearing Date | May 7, 2026 at 9:00 AM.
The Bench | Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi.
The Political Ripple Effect
While Gachagua sat in court alongside his wife, Pastor Dorcas Rigathi, the case continues to act as a lightning rod for the "United Opposition." Outside the court, leaders from various factions have framed the case as a "victory for democracy," regardless of whether Gachagua returns to office.
As the legal teams retreat to prepare for the May sessions, the focus remains on whether the Judiciary will dare to quash a completed parliamentary process—a move that would be unprecedented in Kenya's constitutional history. For now, the "Villager" remains out of office but very much in the middle of a high-stakes legal war.
As the legal teams retreat to prepare for the May sessions, the focus remains on whether the Judiciary will dare to quash a completed parliamentary process—a move that would be unprecedented in Kenya's constitutional history. For now, the "Villager" remains out of office but very much in the middle of a high-stakes legal war.
