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Gachagua Fights Back After Court Rejects Bid to Stop Kindiki, Demands Full Compensation from Government

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There is fresh drama in Kenya’s political scene after former Deputy President Rigathi Gachagua suffered a big defeat in court. The High Court in Nairobi refused to cancel the swearing-in of Kithure Kindiki as the new Deputy President. 

On Thursday, July 31, a three-judge bench made it clear that Gachagua’s case had no impact anymore. According to Judge Anthony Mrima, the matter had already been decided by the Court of Appeal. 

“These applications have been overtaken by events,” Judge Mrima said. “The Court of Appeal already made its ruling, and so did this court.” 

Gachagua had hoped to challenge the swearing-in of Kindiki, who replaced him after he was impeached in October last year. But the court made it clear that it was too late to stop Kindiki’s rise to power. 

That was not all. The court also threw out another petition from Gachagua. In that second case, he asked that the three judges hearing the case step aside. He claimed they could not be trusted to be fair. 

But the court disagreed with him again. It said that only Chief Justice Martha Koome had the power to decide which judges would hear which cases. This is clearly written in Kenya’s Constitution under Article 165. 

Gachagua had accused the judges of being biased. He also claimed that there was abuse of power and conflict of interest. However, the court found no proof to support any of his claims. 

“There is no evidence of bias or abuse of power,” the bench ruled. 

Now, after losing both petitions, Gachagua is turning his focus on compensation. He is demanding that the government pay him for removing him from office before the end of his term. 

He believes he was unfairly pushed out, and he wants the state to take responsibility. 

The former Deputy President’s lawyers say that the impeachment process was rushed and politically motivated. They also argue that he still had time left to serve before being replaced. 

Back in October, Gachagua was impeached after the National Assembly and the Senate both approved a special motion. That motion was filed by Kibwezi West MP Mwengi Mutuse. 

With Gachagua out, President William Ruto appointed Kithure Kindiki as his new Deputy President. Kindiki’s swearing-in followed soon after. 

In the courtroom, Gachagua’s legal team also asked that Justices Anthony Mrima, Fridah Mugambi, and Eric Ogolla recuse themselves. But the judges chose to stay on, saying that removing them without good reason could disrupt the case. 

“This court will not return the file to the Chief Justice without strong legal reasons,” the judges said. 

The impeachment petitions are now expected to continue as planned. The court will bring them together for a full hearing and final decision. 

Many political observers are closely watching how this will unfold. The battle between Gachagua and the current regime continues to stir tension. 

Even though Gachagua is no longer Deputy President, he has not given up. He wants justice, recognition, and compensation. 

His supporters say that he was unfairly targeted. But his critics believe the court made the right decisions. 

For now, all eyes remain on the courts and what they will decide next. Will Gachagua win compensation? Or will his political fight come to a quiet end? 

One thing is certain: this legal showdown is far from over. Gachagua may be down, but he is definitely not out. 

A collage of Former Deputy President Rigathi Gachagua and Milimani Law Courts, October 15. Photo: Courtesy
The Milimani Law Courts building which hosts the High Court. Photo: Office of the Registrar High Court
Rigathi Gachagua during a church service in Gatanga, Murang’a County on Sunday, May 18 2025

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