Court declines to nullify DP Kindiki’s swearing-in as Gachagua seeks Sh40 million compensation

Former Deputy President Rigathi Gachagua has suffered a setback in his attempt to reverse the swearing-in of his successor, Kithure Kindiki, after the High Court ruled that the matter was no longer contestable, having been overtaken by events.

In a ruling delivered on Thursday, a three-judge bench comprising Justices Eric Ogola, Anthony Mrima, and Dr Freda Mugambi dismissed Gachagua’s application challenging the legality of Kindiki’s swearing-in. The judges noted that since the process had already taken place, it could not be undone.

The same bench, which is also handling Gachagua’s impeachment case, rejected a separate petition seeking their recusal from the matter.

Gachagua’s legal team had taken issue with an earlier bench constituted by Deputy Chief Justice Philomena Mwilu, arguing that Kindiki’s swearing-in—allowed by what they called an unconstitutional bench—was “fruit from a poisonous tree.”

“Those rulings are on record; therefore, it will be untidy for us to argue over those rulings. If those rulings are not clear, you know how to proceed,” said Justice Eric Ogola.

Claim rejected

In addition to challenging the previous bench, Gachagua’s lawyers also raised concerns about the composition of the current panel. In a related petition, lawyer Kibe Mungai—representing other petitioners—accused the Judiciary of forum shopping in forming the present bench. However, the court rejected the claim.

“The empanelment of the bench is an administrative duty of the Chief Justice. The Chief Justice’s decision to empanel a bench is final. This application is declined,” Justice Ogola ruled.

Despite the loss, Gachagua secured a small win after the court dismissed a petition filed by Frederick Mula, who sought to take over the case on grounds of public interest.

“The substitution of a petitioner is only allowed when the petitioner is not able to proceed with the matter,” ruled Justice Freda Mugambi.

During earlier proceedings, it emerged that Gachagua had dropped his bid to be reinstated as Deputy President.

His legal team, led by Senior Counsel Paul Muite, said he is now seeking compensation for what he terms an unlawful removal from office.

“The petitioner wishes to vigorously challenge the legality and constitutionality of his impeachment and will be seeking to persuade this honourable court to grant him a monument he would have earned had he served for the entire five years for which he had been elected by the Kenyan people,” Muite said.

Gachagua is demanding a monthly salary of Sh1.2 million for the remainder of the presidential term—totalling about Sh40 million—along with reinstatement of his security detail, retirement benefits, and all other privileges due to a Deputy President.