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Former DP Gachagua’s Push for Impeachment Compensation Set for April Hearing

CH Reporter by CH Reporter
February 10, 2026
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The High Court has formally scheduled the hearing of a petition by former Deputy President Rigathi Gachagua, who is seeking constitutional compensation following his contested removal from office. A three-judge bench, comprising Justices Eric Ogola, Anthony Mrima, and Freda Mugambi, directed on Tuesday, February 10, 2026, that the matter proceed to a full hearing in mid-April.

The court has allocated three consecutive days—April 14, 15, and 16, 2026—for the proceedings, which are set to commence at 10:00 a.m. daily. Under the established roadmap, Mr. Gachagua will present his case on the first day, followed by the State’s response on April 15, and a final rejoinder on April 16. The hearings will be conducted through physical appearances.

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Senior Counsel Paul Muite, appearing for the former Deputy President, had petitioned the court to prioritize the case, emphasizing that his client remains the party most directly aggrieved by the impeachment. While the defense had sought dates prior to the Easter break to expedite the resolution, the bench adjusted the schedule from March to April to avoid conflicts with the judicial vacation.

Central to the claim is Mr. Gachagua’s pursuit of a “monument”—financial compensation equivalent to the remuneration and perks he would have earned had he completed his full five-year elective term. The petition argues that the impeachment was a violation of his constitutional rights and seeks to have the process declared unlawful.

In a related development, the bench indicated that an application by advocate Harrison Kinyanjui, seeking to expand the current bench, will be heard on February 26, 2026. Justice Anthony Mrima noted that should a larger bench be deemed necessary at a later stage, there remains sufficient time to notify and serve all relevant parties.

These directions follow a pivotal January 30, 2026, ruling by the Supreme Court. A bench led by Chief Justice Martha Koome dismissed applications intended to halt the High Court proceedings, clarifying that the apex court lacks the jurisdiction to stay matters still pending before subordinate courts. This ruling effectively cleared the path for the High Court to determine the merits of the former Deputy President’s compensation suit.
The High Court has formally scheduled the hearing of a petition by former Deputy President Rigathi Gachagua, who is seeking constitutional compensation following his contested removal from office. A three-judge bench, comprising Justices Eric Ogola, Anthony Mrima, and Freda Mugambi, directed on Tuesday, February 10, 2026, that the matter proceed to a full hearing in mid-April.

The court has allocated three consecutive days—April 14, 15, and 16, 2026—for the proceedings, which are set to commence at 10:00 a.m. daily. Under the established roadmap, Mr. Gachagua will present his case on the first day, followed by the State’s response on April 15, and a final rejoinder on April 16. The hearings will be conducted through physical appearances.

Senior Counsel Paul Muite, appearing for the former Deputy President, had petitioned the court to prioritize the case, emphasizing that his client remains the party most directly aggrieved by the impeachment. While the defense had sought dates prior to the Easter break to expedite the resolution, the bench adjusted the schedule from March to April to avoid conflicts with the judicial vacation.

Central to the claim is Mr. Gachagua’s pursuit of a “monument”—financial compensation equivalent to the remuneration and perks he would have earned had he completed his full five-year elective term. The petition argues that the impeachment was a violation of his constitutional rights and seeks to have the process declared unlawful.

In a related development, the bench indicated that an application by advocate Harrison Kinyanjui, seeking to expand the current bench, will be heard on February 26, 2026. Justice Anthony Mrima noted that should a larger bench be deemed necessary at a later stage, there remains sufficient time to notify and serve all relevant parties.

These directions follow a pivotal January 30, 2026, ruling by the Supreme Court. A bench led by Chief Justice Martha Koome dismissed applications intended to halt the High Court proceedings, clarifying that the apex court lacks the jurisdiction to stay matters still pending before subordinate courts. This ruling effectively cleared the path for the High Court to determine the merits of the former Deputy President’s compensation suit.

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