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Former Deputy President Rigathi Gachagua has suffered a major legal defeat after the High Court dismissed his application seeking to overturn the swearing-in of his successor, Kithure Kindiki. The ruling was delivered on Thursday, July 31, by a three-judge bench composed of Justices Eric Ogola, Anthony Mrima, and Freda Mugambi.
In the petition, Gachagua questioned the legality of the bench that authorized Kindiki’s swearing-in, claiming it was improperly constituted by Deputy Chief Justice Philomena Mwilu. However, the court held that events, including prior rulings by the Court of Appeal, had overtaken the matter, rendering Gachagua’s application futile.
Justice Mrima noted, “These applications have been overtaken by events following the judgment by the Court of Appeal and by the ruling of this court.”
Gachagua’s legal team also sought the recusal of the three-judge bench, arguing that their membership resulted from forum shopping. The court dismissed this claim, emphasizing that the empanelment of judicial benches is an administrative duty entrusted solely to the Chief Justice.
Justice Ogola stated, “The empanelment of the bench is an administrative duty of the Chief Justice. The Chief Justice’s decision to empanel a bench is final. This application is declined.”
The ruling unequivocally confirms Kithure Kindiki as the legitimate Deputy President of Kenya. With the legal challenge dismissed, Kindiki’s status remains intact, and he continues in office without further dispute.
Following the ruling, Rigathi Gachagua has shifted his focus from reinstatement to seeking compensation for the period he was out of office. His legal team, led by veteran lawyer Paul Muite, intends to pursue claims for salary arrears, security, and retirement benefits that would have accrued during his tenure.
Among the claims is a monthly salary of KSh 1.2 million, amounting to approximately KSh 40 million, alongside other entitlements associated with the Deputy Presidency.
This ruling marks a decisive moment in Kenya’s political and legal landscape, underscoring the judiciary’s role in resolving disputes surrounding the Deputy Presidency and affirming the legitimacy of the current officeholder.
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