1. A Strategic Retreat: No More “Deputy President”
The most significant development during Monday’s hearing was the formal notification from Gachagua’s legal team, led by Senior Counsel Paul Muite, that they are no longer seeking to have him reinstated to the office now held by Kithure Kindiki.
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The New Goal: Gachagua is now pursuing a court declaration that his removal was unconstitutional, alongside damages for lost earnings, benefits, and other financial losses suffered since his October 2024 impeachment.
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Why the Change? Observers suggest the move is a pragmatic acknowledgment of the current political reality. By dropping the reinstatement prayer, the defense avoids a direct clash over Kindiki’s tenure and focuses strictly on the alleged “procedural rot” of the 2024 process.
2. The “18 Issues” of Contention
Gachagua’s team submitted an amended petition raising 18 critical issues for the court to determine. The core of their argument rests on two pillars:
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Superficial Public Participation: Muite argued that the public participation exercise was a “sham,” where citizens were presented with vague allegations without full disclosure of facts, preventing them from making informed contributions.
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The Right to a Fair Hearing: The defense highlighted that the Senate proceeded to approve five out of eleven charges against Gachagua while he was hospitalized, denying him the fundamental right to defend himself.
3. The Judges and the Road Ahead
The matter is being heard by a high-powered bench consisting of Justices Eric Ogola, Anthony Mrima, and Fred Mugambi. However, the wheels of justice will pause briefly due to other high-level judicial commitments.
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The Delay: The court noted that Justice Antony Mrima is currently participating in Supreme Court judge interviews, leading to a break in the consecutive sittings.
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Next Dates: The court has scheduled further hearings for May 7 and May 8, 2026.
