By Bonface Mulyungi
Former Deputy President Rigathi Gachagua was absent from court on Monday as a three-judge bench delivered its long-awaited ruling on petitions challenging his impeachment from office.
The bench, comprising Justices Eric Ogola, Anthony Murima and Freda Mugambi, declined an application seeking to postpone the judgment and proceeded with the delivery of the verdict.
The application for adjournment had been made by lawyer Harrison Kinyanjui, representing petitioner Enock Aura, whose case formed part of the consolidated petitions challenging Gachagua’s removal from office.
The ruling marks the latest chapter in a legal battle stemming from Gachagua’s impeachment in October 2024, which made him the first deputy president in Kenya’s history to be removed from office through the constitutional impeachment process.
Gachagua was impeached by the National Assembly on October 8, 2024, before the Senate upheld his removal on October 17 after considering 11 charges brought against him.
The accusations were broadly grouped into three categories: gross violation of the constitution, commission of crimes under national and international law, and gross misconduct.
Under the constitutional violations category, lawmakers accused Gachagua of breaching integrity and national values provisions contained in the constitution, including articles relating to accountability, public service and the rule of law.
He was also accused of violating constitutional provisions governing the conduct and functions of the Office of the Deputy President.
Other allegations included undermining principles of governance and devolution, interfering with the independence of the Judiciary, failing to meet the leadership and integrity standards set out under Chapter Six of the constitution, and violating provisions requiring accountability by state officers.
The second category concerned alleged crimes under national and international law.
These included accusations that Gachagua violated the National Cohesion and Integration Act through remarks and conduct said to promote ethnic division.
He was also accused of committing corruption and economic crimes under the Anti-Corruption and Economic Crimes Act and the Proceeds of Crime and Anti-Money Laundering Act.
One of the most serious allegations was that he had acquired unexplained wealth amounting to Sh5.2 billion within a two-year period.
Lawmakers further accused him of violating provisions of the Penal Code and the Leadership and Integrity Act by allegedly misleading the public.
The third category centred on allegations of gross misconduct. Parliament accused Gachagua of promoting tribalism and divisive politics through ethnic-based mobilisation and favouritism, conduct deemed incompatible with the office he held.
He also faced accusations of insubordination by allegedly undermining the President, Cabinet and the effective functioning of the national executive. Another charge alleged that he persistently bullied and harassed state officials, public officers and subordinates.
While the National Assembly approved all 11 grounds, the Senate ultimately upheld five of them, paving the way for his removal from office.
The Senate sustained the charge relating to Gachagua’s controversial “shareholding” remarks, finding that the statements incited ethnic division and violated his oath of office.
It also upheld allegations that he undermined the independence of judges through public attacks on the Judiciary.
Lawmakers further found that he violated the National Cohesion and Integration Act and committed offences under the same law through statements and actions deemed to promote ethnic divisions.
The fifth charge upheld by the Senate concerned gross misconduct, with senators concluding that Gachagua acted in a manner incompatible with his office by publicly attacking and undermining the National Intelligence Service (NIS) and its officers.
In challenging the impeachment, Gachagua argued that he was denied a fair opportunity to defend himself before the Senate because he had fallen ill and been admitted to hospital during the proceedings.
However, the former deputy president later abandoned his initial attempt to regain the office and instead shifted focus to seeking financial compensation and the restoration of benefits associated with the position.
He is seeking more than Sh80 million in compensation and damages from the government arising from his impeachment.
Among the claims are payment of salary and gratuity for the remainder of the five-year term he did not serve, estimated at more than Sh56 million.
He is also seeking a lump-sum retirement package, a monthly pension estimated at about Sh980,000 and comprehensive medical cover.
Additionally, Gachagua wants restoration of several state privileges typically accorded to former holders of the office, including official vehicles, armed security, VIP airport access and diplomatic passports.
The court’s ruling is expected to have far-reaching implications for the constitutional limits of impeachment proceedings, the rights of state officers facing removal from office and the benefits available to former senior government officials after leaving office.
