A three-judge High Court bench has officially dismissed an application by Rigathi Gachagua challenging the swearing-in of Kithure Kindiki as Kenya’s deputy president. The ruling, delivered on Thursday, July 31, by Justices Eric Ogola, Anthony Mrima, and Freda Mugambi, now cements Kindiki’s position as the legitimate holder of the office.
Why was Rigathi Gachagua’s case dismissed?
Gachagua’s legal team argued that Kindiki’s swearing-in stemmed from a decision by a bench allegedly constituted illegally by Deputy Chief Justice Philomena Mwilu. However, the court held that the matter had already been overtaken by events, particularly following a judgment by the Court of Appeal, which rendered the application irrelevant.
“These applications have been overtaken by events following the judgment by the Court of Appeal and by the ruling of this court,” stated Justice Mrima.
Additionally, the judges rejected a petition filed by Gachagua’s team demanding their recusal, citing forum shopping and bias. In response, the court ruled that the empanelment of the bench falls strictly under the administrative duties of Chief Justice Martha Koome.
“Those rulings are on record; therefore, it will be untidy for us to argue over those rulings. If those rulings are not clear, you know how to proceed. 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,” said Justice Ogola.
What does the ruling mean for Kindiki?
The outcome of this case clears any remaining legal hurdles for Kindiki, officially confirming his position as the deputy president. It also shuts the door on Gachagua’s efforts to overturn the succession and reinstatement process, reinforcing the constitutional finality of judicial decisions at this level.
What is Gachagua seeking now?
Following the failed attempt to challenge Kindiki’s legitimacy, Gachagua has shifted focus toward compensation. Veteran lawyer Paul Muite, who is representing him, announced that their legal team will now pursue benefits that Gachagua would have been entitled to had he remained in office.
Among his demands is a backdated monthly salary of KSh 1.2 million, which could amount to roughly KSh 40 million over five years. Gachagua is also seeking the reinstatement of security detail and retirement benefits that are typically accorded to a former deputy president.
The legal battle may be far from over, but for now, the court has spoken, Kithure Kindiki is Kenya’s duly recognized deputy president.
By Lucky Anyanje
