Gachagua Demands Over Ksh 80M After Controversial Impeachment

Gachagua Demands Over Ksh 80M After Controversial Impeachment

Nairobi — Former Deputy President Rigathi Gachagua is demanding more than Ksh80 million in compensation from the government following his impeachment in October 2024, with fresh High Court filings laying bare a detailed breakdown of financial claims he argues are legally due.

Appearing before a three-judge bench on Monday, April 27, the Democracy for Citizens Party (DCP) leader made it clear that he is not seeking reinstatement to office, but rather compensation for the remainder of his term. Through his legal team led by senior counsel Paul Muite, Gachagua argued that his removal was unconstitutional and financially damaging.

“The quashing of the unconstitutional impeachment and payment of the remuneration he would have otherwise earned,” his lawyers told the court, outlining the foundation of the case.

At the centre of the claim is a demand for salaries covering the 35 months Gachagua would have served between his removal and the end of the presidential term. His legal team estimates this amount at approximately Ksh42 million, based on a monthly salary of Ksh1.2 million.

In addition, the former deputy president is seeking Ksh22.8 million in gratuity, calculated at 31 per cent of his salary over the same period. He has also included Ksh700,000 in airtime allowances, pegged at Ksh20,000 per month, alongside claims for medical cover and official transport for the full duration.

Beyond these immediate losses, Gachagua is invoking provisions of the Retirement Benefits for senior state officers, arguing that he is entitled to pension and post-service privileges despite his impeachment. His claim includes a monthly pension of approximately Ksh980,000—equivalent to 80 per cent of his last salary—and a one-off lump sum payment of about Ksh14 million.

These retirement benefits, combined with the special damages, push the total compensation package well beyond the Ksh80 million mark cited in court proceedings.

The demands also extend to non-cash benefits traditionally accorded to retired top officials. Gachagua is seeking two government-maintained vehicles—one not exceeding 2,000cc and another capped at 3,000cc—both to be replaced every four years at state expense. He further wants a monthly fuel allowance of Ksh180,000.

Additionally, the former deputy president is requesting full medical cover for both local and overseas treatment, as well as support staff including two drivers, a personal assistant, cooks, cleaners, and armed security personnel.

He and his spouse are also seeking diplomatic passports and VIP lounge access at all airports within the country, privileges typically extended to retired senior state officers.

Gachagua’s legal team sharply criticised the manner in which the impeachment process was conducted, arguing that it was rushed and denied him a fair opportunity to defend himself.

“The process was conducted at lightning speed, with both Houses of Parliament sitting into unofficial hours, making it difficult for him to adequately prepare his defence,” his lawyers submitted.

They also addressed controversial remarks previously made by Gachagua regarding “shareholding” and the Mt Kenya region, which had formed part of the political and legal debate surrounding his removal. His defence maintained that the statements had been misinterpreted.

“Mt Kenya is a rock in the middle of Kenya and not a tribe… the name of Kenya itself is derived from the mountain,” the legal team argued in court.

The impeachment paved the way for the swearing-in of Kithure Kindiki as the new Deputy President, marking a significant shift in the country’s political landscape.

Legal experts note that the outcome of the case could have far-reaching implications, particularly in defining the rights and entitlements of impeached state officers under Kenyan law. Questions around whether removed officials can still claim full benefits remain central to the proceedings.

The matter is now pending determination by the High Court bench, whose ruling is expected to address both the legality of the impeachment process and the scope of compensation claims.

As the case unfolds, it continues to draw national attention, not only for its political significance but also for its potential to set a precedent on accountability, due process, and the financial implications of high-level public office removals in Kenya.

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Gachagua Demands Over Ksh 80M After Controversial Impeachment