ADVERT 
The High Court has upheld the impeachment of former Deputy President Rigathi Gachagua, affirming his removal as the first in the nation’s history to be constitutionally ousted from office.
Gachagua was conspicuously absent as a three-judge bench—Justices Eric Ogola, Anthony Murima, and Freda Mugambi—delivered the long-awaited ruling at Milimani Law Courts. The judges swiftly dismissed an application for adjournment, ensuring the judgment proceeded without delay.
Gachagua’s dramatic downfall began in October 2024. The National Assembly impeached him on October 8 over 11 charges, which the Senate upheld on October 17 after sustaining five key grounds. These included gross violations of the Constitution, promotion of ethnic division, undermining the Judiciary and National Intelligence Service (NIS), and gross misconduct incompatible with high office.
Lawmakers accused him of breaching national values, inciting disunity through inflammatory remarks (notably his “shareholding” comments), acquiring unexplained wealth of Sh5.2 billion, and bullying state officials. The process marked a watershed moment in Kenya’s democracy, testing the boundaries of accountability for the country’s second-highest office.
Rather than fighting to reclaim the Deputy Presidency, Gachagua pivoted. He abandoned reinstatement bids and turned to the courts seeking over Sh80 million in compensation and benefits. His demands include unpaid salary and gratuity exceeding Sh56 million for the unserved term, a hefty lump-sum retirement package, a monthly pension of around Sh980,000, full medical cover, official vehicles, armed security, VIP airport access, and diplomatic passports.
The court’s decision today cements Prof. Kithure Kindiki’s position as Deputy President and sets a powerful precedent on the limits of impeachment, the rights of impeached officials, and post-office entitlements for senior state leaders. It underscores that while courts can scrutinize the process, the political accountability of leaders remains firmly with Parliament and the Senate.
Gachagua’s legal team is expected to appeal, keeping the high-stakes drama alive ahead of the 2027 elections. The former DP has previously downplayed the ruling’s impact on his political ambitions, insisting it won’t be a “death sentence.”
This verdict arrives at a pivotal time. It clarifies constitutional safeguards around impeachment while raising questions about fair hearing claims—Gachagua had argued illness prevented a robust defense in the Senate. The ruling will influence future removal proceedings and could reshape expectations around benefits for former top officials.
As Kenya grapples with unity, devolution, and leadership integrity, today’s judgment reinforces that no one is above the Constitution—not even those who once stood a heartbeat away from the presidency.
This ruling isn’t just legal closure—it’s a defining chapter in Kenya’s evolving democracy.
