Ex-Deputy President Rigathi Gachagua has withdrawn his prayer seeking reinstatement to office in the ongoing court case challenging his impeachment.

The announcement was made on Monday, April 27, 2026, by Gachagua’s legal team before a three-judge bench comprising Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi, who confirmed that the former Deputy President will instead pursue compensation over his impeachment.

Speaking during the impeachment hearing at Milimani Law Courts, lawyer Paul Muite informed the court that the former Deputy President is seeking compensation and declarations that the impeachment process violated the Constitution and legal procedures.

“The petitioner has abandoned the prayer for reinstatement as Deputy President,” Muite told a three-judge bench.

He added, “The core of those prayers can be summarised as the quashing of the impeachment and payment of the remuneration and benefits he would have otherwise earned as provided by law.”

According to Muite, the impeachment process carried out by Parliament was unconstitutional, irregular, and fell short of the constitutional requirement for public participation.

He told the court that throughout Gachagua’s 2.5-year tenure as Deputy President, Article 151 of the Constitution applied in full, and any attempt to remove him outside its provisions was unconstitutional.

“For the 2.5 years that Gachagua served as the second Deputy President, it is our submission that Article 151 of the Constitution fully applies. Impeachment cannot and should not be applied retrospectively; that is our submission,” he went on. 

He maintained that the process that led to Gachagua’s removal as Deputy President was rushed, disregarded constitutional provisions, and denied him a fair hearing.

“On the day he was supposed to defend himself, he fell ill. The Senate went ahead to impeach him by approving 5 out of 11 charges. There was absolutely no attempt by the National Assembly and the Senate to apply their minds to the gross violation of the constitution,” he said.

“What is alleged must be Serious, substantial and weighty. The allegations were vague, lacking in detail and wholly unfounded.”

The court also heard that the former Deputy President has raised 18 issues for determination by the three-judge bench in the case.

The second hearing is scheduled for May 7, while the third hearing will take place on May 8.