NAIROBI, Kenya — Democracy For Citizens Party (DCP) leader and former Deputy President Rigathi Gachagua is demanding more than Sh80 million from the government following his October 2024 impeachment, setting up a high-stakes constitutional battle over compensation for removed state officers.
Court filings before the High Court show the former Deputy President is not seeking reinstatement. Instead, he wants payment for the 35 months he says he would have served until the end of his term.
His legal team, led by senior counsel Paul Muite, framed the case around two key remedies: nullification of the impeachment and financial compensation.
“The quashing of the unconstitutional impeachment and payment of the remuneration he would have otherwise earned,” his lawyers told a three-judge bench on Monday.
Gachagua’s claim is structured into special damages and retirement benefits. Under special damages, he is seeking about Sh42 million in unpaid salary.
This is based on a monthly pay of Sh1.2 million over the remaining 35 months of his term.
He is also claiming Sh22.8 million in gratuity, calculated at 31pc of his salary, alongside Sh700,000 in airtime allowance, pegged at Sh20,000 per month over the same period.
Additional claims include medical cover and official transport allowances for the duration he remained out of the office.
On retirement benefits, Gachagua cites the Retirement Benefits Act for senior state officers. He argues he is entitled to a monthly pension of roughly Sh980,000, equivalent to 80pc of his last salary, and a lump-sum payment of about Sh14 million—equal to one year’s salary.
These claims alone significantly raise the total compensation sought.
Beyond cash payments, the former Deputy President is asking the state to provide two official vehicles—one not exceeding 2,000cc and another capped at 3,000cc—both to be replaced every four years at public expense. He also seeks a monthly fuel allowance of Sh180,000.
His benefits package request extends further. It includes full medical cover for local and overseas treatment, diplomatic passports for himself and his spouse, VIP lounge access at all Kenyan airports, and a full support staff.
The staff would include two drivers, a personal assistant, cooks, cleaners, and armed security.
In court, his lawyers argued the impeachment process violated constitutional safeguards. They described the proceedings in Parliament as rushed and procedurally flawed.
“The process moved at lightning speed,” the defence submitted, adding that extended sittings into late hours limited his ability to prepare an adequate defence.
The legal team also addressed controversy surrounding Gachagua’s past remarks on regional politics and “shareholding,” arguing they were misinterpreted.
They maintained that references to “Mt Kenya” were geographical rather than tribal, stating that the mountain is a national symbol from which the country derives its name.
The case now rests with the Court’s bench, whose decision is expected to clarify the legal thresholds for impeachment and the extent of post-office entitlements for senior state officials under Kenya’s constitutional framework.
