What You Need to Know
Former Deputy President Rigathi Gachagua is seeking a court ruling for his full salary and benefits for a five-year term. His legal team argues that he is entitled to compensation due to alleged constitutional violations during his impeachment process. The court case highlights claims of rushed proceedings and violations of Gachagua’s rights to fair administrative action and a fair hearing.
Africa-Press – Kenya. The High Court has been urged to award former Deputy President Rigathi Gachagua his full salary and benefits for a five-year term, with his lawyer arguing that the claim is firmly grounded in law and precedent.
Appearing before the court on Monday, John Njomo submitted that his client is entitled to comprehensive compensation, including general, punitive and aggravated damages, arising from alleged constitutional violations.
He said the legal team had undertaken detailed computations outlining what Gachagua earned, what he was entitled to, and what he would have received had he served the full five-year mandate.
“The first petitioner seeks general damages, as well as punitive and aggravated damages. These prayers are not far-fetched, as courts have previously affirmed that such remedies are awardable where constitutional violations are established,” Njomo told the court.
“We have explained in detail that the petitioner was earning a salary, and while I may not delve into the figures due to the extensive calculations involved, paragraph O outlines the benefits the Deputy President was earning, what he was entitled to, and what his salary would have been had he served the full five-year term,” he said.
Njomo added that the team had already quantified the total compensation package and placed it before the court for determination.
“We have therefore calculated those salary expectations and benefits, and we pray that the court allows and awards them as sought,” he said.
He further argued that the office of the Deputy President carries additional entitlements beyond salary, including staff support and maintenance provisions, all of which should be considered in the final award.
“My Lord, the office of the Deputy President also attracts additional benefits beyond salary, which we have enumerated under paragraph P. These include various entitlements such as staff support and maintenance services,” he said.
“We pray that the court will allow the prayers as sought.”
The compensation claim is part of a broader petition challenging the legality of Gachagua’s impeachment, with his legal team arguing that the process was constitutionally flawed.
Njomo told the court that the Senate rushed the proceedings in a manner designed to achieve a predetermined outcome.
“They wanted to do that with military precision so that they could attain a premeditated outcome,” he said.
He argued that the former Deputy President’s rights to fair administrative action under Article 47 and a fair hearing under Article 50 of the Constitution were violated.
The court heard that at one point during the proceedings, Gachagua fell ill and was unable to continue with the hearing, a situation that was formally communicated to the Senate by Senior Counsel Paul Muite. Despite this, the Senate proceeded with the impeachment.
The petition also faults both the National Assembly and the Senate for allegedly failing to properly evaluate the impeachment grounds and for upholding claims based on provisions that had already been declared unconstitutional.
As part of the relief sought, the court has been asked to quash key communications dated October 8 and October 17, 2024, which formalised the impeachment, on the grounds that they were the product of an unlawful process.
The impeachment of Deputy President Rigathi Gachagua has sparked significant legal debate in Kenya. Impeachment processes in the country are governed by the Constitution, which outlines specific procedures to ensure fairness and legality. Gachagua’s case raises questions about the adherence to these constitutional provisions and the implications of any violations on the legitimacy of the impeachment process. Historically, political impeachments in Kenya have often been contentious, reflecting broader issues of governance and accountability within the political landscape.
