What You Need to Know
Former Deputy President Rigathi Gachagua has shifted his legal strategy in his impeachment case, now seeking financial compensation instead of reinstatement. He claims he is entitled to salary, benefits, and damages for the remainder of his term, amounting to Sh42 million, should the court rule the impeachment unlawful.
Africa-Press – Kenya. Former Deputy President Rigathi Gachagua shifted his legal strategy in his impeachment case, opting to abandon his bid for reinstatement.
Instead, the ex-DP is seeking financial compensation for the remainder of what he argues would have been his full five-year term in office.
Through his lawyer Paul Muite, Gachagua amended his petition before a three-judge bench to seek financial redress, including salary, benefits and damages he says he would have earned had he served a full five-year term ending in 2027.
If the court rules that the impeachment was unlawful, the case could open the door to a range of entitlements anchored on public remuneration frameworks issued by the Salaries and Remuneration Commission and statutory provisions governing state officers.
At the centre of the potential award is compensation for lost salary.
Based on current public remuneration structures by the Salaries and Remuneration Commission (SRC), a Deputy President earns about Sh1.2 million monthly.
Applied across the estimated 35 months remaining in his term, this calculation forms the basis of the Sh42 million claim for alleged unearned income.
In addition to salary, gratuity is another key component.
Gratuity is a lump-sum payment given to an employee or public officer as a reward for service, usually when they leave employment after serving for a certain period.
Under state officer remuneration structures, gratuity is typically calculated as a percentage of basic pay and paid at the end of service.
If the court were to recognise an unlawful interruption of service, it could factor in this benefit as part of restitution for lost tenure.
The claim also includes allowances such as airtime, which are ordinarily provided as part of the office package.
Airtime, typically provided at about Sh20,000 per month, is projected at around Sh700,000 over the remaining term.
These are often calculated on a monthly basis and may be included in any compensation assessment depending on how the court interprets loss of office benefits.
Beyond immediate earnings, the case also touches on post-service entitlements.
A retired Deputy President of Kenya is entitled to a monthly pension equal to 80% of their last monthly salary while in office, according to the Retirement Benefits Act.
These may include a monthly pension estimated in public frameworks as well as a retirement grant that forms part of terminal benefits for senior state officers.
Based on a gross monthly salary of approximately Sh1.2 million, this pension would be estimated at around Sh980,000 per month, should the court award it.
Other benefits that could be considered include non-cash entitlements associated with the office of Deputy President.
These include official transport arrangements, security detail, medical cover, and administrative support staff.
Administrative support services are also part of the office package and may include drivers, a personal assistant, cooks, and cleaners, while protocol privileges such as airport VIP lounge access are also typically extended to former high-ranking state officials.
While public remuneration structures provide a basis for estimation, any final award would depend on judicial findings on the legality of the impeachment process and the extent of remedy available for loss of office.
The outcome could set an important precedent on how Kenyan courts interpret loss of office claims for high-ranking state officers.
The State is expected to present its defence in the upcoming hearing scheduled for May 7, 2026.
The impeachment of Deputy Presidents in Kenya has been a contentious issue, often reflecting broader political struggles. Previous cases have set precedents for how such matters are handled, influencing public perception and legal frameworks surrounding state officer remuneration. The outcome of Gachagua’s case could significantly impact future impeachment proceedings and the rights of high-ranking officials in Kenya. Historical context shows that legal battles over political positions can lead to shifts in governance and accountability standards.
