Former Deputy President Rigathi Gachagua lost his bid to challenge the swearing-in of his successor, Abraham Kithure Kindiki, after Kenya’s High Court declared the matter closed. A three-judge bench :Justices Eric Ogola, Freda Mugambi, and Antony Mrima ruled on Thursday that the petition contesting Kindiki’s assumption of deputy president office had been overtaken by events. The court cited prior rulings that had already settled the legality of the transition.
“The applications have been overtaken by events following the judgment by the Court of Appeal and the ruling of this court,” Justice Mrima stated.
The ruling also dismissed a motion by lawyer George Sakimpa seeking clarification on whether earlier court orders stopping Gachagua’s impeachment were still in force. The judges said the issue had already been addressed in their October 2024 judgment, which upheld Kindiki’s swearing-in.
Justice Ogola emphasized that it would be “untidy” for the bench to revisit previous rulings. “Those rulings are on record. If those rulings are not clear, you know how to proceed,” he said during the session.
The case stems from Gachagua’s impeachment, which was upheld by the Senate in October 2024. He was subsequently replaced by Kithure Kindiki, whose swearing-in took place on November 1, 2024, at the Kenyatta International Convention Centre.
Former deputy president Rigathi Gachagua’s legal team, led by Senior Counsel Paul Muite, has since shifted strategy. Instead of seeking reinstatement, the former DP is now pursuing compensation. According to court submissions, Gachagua is demanding the full salary for the remainder of the five-year term amounting to roughly Ksh.40 million alongside retirement benefits and security privileges.
“The petitioner wishes to vigorously challenge the legality and constitutionality of his impeachment,” Muite said in court on May 29, 2025. “He seeks emoluments he would have earned for the entire five-year term, plus appropriate damages.”
The court allowed the request to amend the petition, noting no objections from any parties. “We hereby grant the petitioner permission to amend it,” the judges ruled.
In the same hearing, the bench rejected a motion by Frederick Mula to substitute himself as petitioner in the case, citing a lack of grounds. Justice Mugambi ruled that substitution is only permitted when the original petitioner is unable to proceed with the matter.
Gachagua’s team also unsuccessfully attempted to challenge the composition of the current bench, arguing that it resulted from “forum shopping.” Justice Ogola responded that empanelment is the Chief Justice’s administrative duty and is final.
The latest ruling cements Kithure Kindiki’s position as Deputy President and signals the court’s position that the political and legal transition from Gachagua’s tenure is complete. However, the legal contest over the impeachment itself remains active, pending the amended petition.
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