Gachagua impeachment case resumes at Milimani Court
By Ndiritu Wanjiru, May 7, 2026Former Deputy President Rigathi Gachagua’s impeachment case has, on Thursday, May 7, 2026, resumed at the Milimani Law Courts for the hearing of a petition in which he is challenging his removal from office.
On April 27, the first session was held in which Gachagua maintained that the impeachment exercise by Parliament in October 2024 failed to meet the public participation threshold as demanded by the constitution and was irregular and unconstitutional.
Senior Counsel Paul Muite, who heads Gachuga’s legal team, argued to the court that the former Deputy President should be compensated for remuneration, damages and loss associated with the “unlawful and procedurally tainted removal from office”.
The court was told that the petitioner had forfeited the prayers seeking reinstatement as deputy president.
“The petitioner has abandoned the prayer for reinstatement as Deputy President,” Muite told the court.
The leader of the Democracy for the Citizens party (DCP) also shelved his prayer appeal to have him reinstated into office and concentrated on compensation claims and statements that the impeachment process was a breach of the Constitution and legal procedures.
The proceedings are being heard by a panel of three judges, including Justices Erick Ogolla, Anthony Mrima and Freda Mugambi, who will also hear arguments on the substantive petition and give directions on several pending applications raised by the team of counsel representing the former deputy president, Rigathi Gachagua.
Rigathi’s plea
In a twist of events, the former Deputy President Rigathi Gachagua has now reiterated that he wants a full-term payment instead of reinstatement to the office in his impeachment case.
Through his legal team led by Senior Counsel Paul Muite, on Monday, April 27, 2026, he told the court that even though they are still challenging the legality of his impeachment, he does not want to be reinstated.
Appearing before presiding Judge Eric Ogola, Lady Justice Fred Mugambi, and Antony Mrima, the former DP informed the bench that he had amended his petition to seek payment instead of reinstatement.
“My lords and lady, on May 29, 2025, I informed this court that the first petitioner, Rigathi Gachagua, was abandoning his reinstatement case,” Muite added.