Blow to Gachagua as High Court rules DP Kindiki legally in office

Former Deputy President Rigathi Gachagua has suffered yet another blow after the High Court in Milimani declined to overturn the swearing-in of his successor Prof. Kithure Kindiki saying the matter had already been overtaken by events.

In a ruling issued on Thursday, the 3-judge bench consisting of Justices Eric Ogola, Anthony Mrima, and Dr. Freda Mugambi considering Gachagua’s impeachment also rejected another petition to have the bench recuse itself from the matter.

Gachagua’s team had challenged the decision of the earlier bench constituted by the Deputy Chief Justice Philomena Mwilu, saying the decision to allow Kindiki’s swearing-in by an unconstitutional bench was a fruit from a poisonous tree.

Judge Anthony Mrima stated: “These applications have been overtaken by events following the judgement by the Court of Appeal and by the ruling of this court.”

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

Gachagua's defence had also sought to challenge the current number and membership of the bench, with petitioners in a separate matter represented by lawyer Kibe Mungai terming the membership was as a result of forum shopping.

Judge Ogola stated: “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.”

The former DP however got a win after the court threw out a petition by Frederick Mula to take over the petition from him as a matter of public interest.

Judge Dr. Fred Mugambi noted: “The substitution of a petitioner is only allowed when the petitioner is not able to proceed with the matter.”

The former DP’s team had in a previous court proceeding told the court they had abandoned the quest to have their client pursue a reinstatement to the office of the Deputy President, with Gachagua now instead seeking compensation.

Gachagua’s lawyer Paul Muite said then: “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.”

Part of what Gachagua wants is a Ksh.1.2 million monthly salary for the remainder of term he was to serve, which would translate to Ksh.40 million, his security and other related retirement benefits reinstated among other hefty perks accorded to the office of the Deputy President.