GACHAGUA LOSSES DP BATTLE AS COURT DEFEND KINDIKI'S APPOINTMENT

Former Deputy President Rigathi Gachagua has suffered another legal setback after the High Court declined to invalidate the appointment of Deputy President Kithure Kindiki, affirming that he lawfully occupies the country's second-highest office.

The decision formed part of the wider judgment delivered by a three-judge bench comprising Justices Eric Ogola, Anthony Mrima and Freda Mugambi in the long-running case arising from Gachagua's impeachment.

In his petition, Gachagua had challenged not only his removal from office but also the process that led to Kindiki's nomination, approval and eventual swearing-in as Deputy President. He argued that the installation of his successor should be declared unlawful and sought orders nullifying the appointment.

However, the judges found no legal basis to interfere with Kindiki's tenure, holding that the constitutional process leading to his assumption of office had been properly followed.

After the Senate voted to remove him from office, President William Ruto nominated Kindiki as his replacement. While Parliament overwhelmingly approved the nomination, the transition was temporarily thrown into uncertainty after court petitions were filed challenging both the impeachment process and the appointment of the new deputy president.

At one point, conservatory orders issued by the High Court halted the implementation of the Senate's decision and temporarily blocked Kindiki's swearing-in as legal challenges proceeded. The court cited weighty constitutional questions touching on the rule of law, public interest and due process.

Those legal hurdles were later lifted, paving the way for Kindiki to take the oath of office.
In the latest ruling, the judges maintained that subsequent court decisions and developments had overtaken some of the earlier challenges raised against Kindiki's appointment. They declined to reopen issues that had already been determined by other courts, effectively shutting the door on attempts to reverse the transition.

The decision marks another disappointment for Gachagua, who has spent nearly two years fighting to challenge the legality of the impeachment process.

Initially, the former deputy president sought reinstatement to office. However, his legal team later abandoned that pursuit and shifted focus to compensation and benefits he argues he would have earned had he completed his constitutional term.

His lawyers are seeking financial compensation equivalent to salaries and benefits lost following his removal, alongside retirement privileges and security benefits attached to the office of Deputy President.

This judgment strengthens the legal foundation of Kindiki's tenure and removes one of the most prominent challenges to his position. For Gachagua, attention is now likely to shift to possible appeals and his continued efforts to secure compensation while positioning himself as a key opposition figure ahead of the 2027 General Election.