Former Deputy President Rigathi Gachagua has asked the court to issue seven key declarations and orders in a case challenging his impeachment process.
In court filings presented by the former DP’s legal team on Thursday, May 7, he argued that both the National Assembly of Kenya and the Senate of Kenya violated constitutional requirements during the proceedings.
Gachagua’s lawyers also argue that the procedure used by Parliament failed to meet the standards set out in the Constitution, particularly on issues of public participation and timelines.
Among the prayers sought before the court is a declaration that the modalities used for public participation did not meet the constitutional threshold required in such a process.
The legal team further claims that the Senate failed in its obligation to ensure meaningful public participation before making its determination on the impeachment motion.
Gachagua is also seeking a declaration that the appointment of a select committee by the Senate is mandatory during an impeachment process.
The former Deputy President’s legal team also argues that the timelines used in processing the impeachment were unconstitutional, saying they did not provide adequate time for proper consideration of the matter.
Gachagua has also asked the court to quash the resolution passed by the National Assembly on October 8, 2024, which approved the impeachment motion against him.
In addition, he wants the court to nullify the Senate resolution of October 17, 2024, which upheld the impeachment.
This comes a week after Gachagua withdrew his request to be reinstated to office, shifting focus in his court petition toward compensation and legal declarations surrounding his impeachment.
The revised petition now seeks payment of salaries, benefits, and other entitlements he would have earned had he remained in office, alongside a declaration that the impeachment process violated constitutional and legal provisions.
Appearing before the Milimani Law Courts on Monday, April 27, Gachagua’s lawyer, Senior Counsel Paul Muite, confirmed the development, outlining the changes to the case and the direction the legal team is pursuing.
“The petitioner has abandoned the prayer for reinstatement as Deputy President. The core of those prayers can be summarised as the quashing of the impeachment and payment of the remuneration and benefits he would have otherwise earned as provided by law,” he said.
Muite argued that the constitutional provisions governing the removal of a Deputy President were not properly applied, particularly in relation to the period Gachagua served in office.
“For the 2.5 years that Gachagua served as the second Deputy President, it is our submission that Article 151 of the Constitution fully applies. Impeachment cannot and should not be applied retrospectively,” he added.
