By James Murimi - Reporter
Kenya, 14 May 2026 - Lawyers representing Deputy President Kithure Kindiki on Thursday mounted a fierce legal defence of the impeachment of former Deputy President Rigathi Gachagua, arguing before the High Court that his bid to overturn the process while rejecting reinstatement would throw the country into a constitutional crisis.
Appearing before a three-judge bench of Eric Ogolla, Anthony Mrima and Freda Mugambi as proceedings resumed Thursday, lawyer Muthomi Thiankolu said Gachagua's case was riddled with contradictions.
Thiankolu argued that the former Deputy President had repeatedly told the court he was not seeking reinstatement, but at the same time wanted judges to nullify the parliamentary process that removed him from office.
“The petitioner has been emphatic several times that he does not want reinstatement,” Thiankolu told the court.
“But he is speaking from both sides of the mouth. For him to tell the court on one hand that he doesn’t want reinstatement, but on the other hand wants you to quash the impeachment motion and declare the process unconstitutional, null and void, creates a contradiction.”
The lawyer argued that if the court invalidated the actions of both the National Assembly and Senate, the legal consequence would be that the impeachment never happened.
“If there was no impeachment, he would remain in office. He never left office,” he argued.
Thiankolu further insisted that granting the orders sought by Gachagua would leave the court issuing “illogic, irreconcilable and mutually contradictory” decisions.
“He cannot have it both ways,” he said.
The courtroom exchange marked one of the sharpest moments in the highly watched case, with Thiankolu warning that any move to overturn the impeachment while denying reinstatement would destabilise the country's constitutional framework.
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“If you grant those orders, they would plunge us into a constitutional crisis,” he argued.
He also took issue with Gachagua’s push for compensation for the remainder of his term, saying such a decision would undermine Parliament and the people it represents.
“The real question is whether granting compensation would not be a slap on Kenyans and their representatives who held that this man behaved in a manner incompatible with the dignity and status of the second-highest office in the land,” he said.
Thiankolu maintained that the misconduct cited against Gachagua was serious and carried implications for the country’s governance structure.
“It is misconduct that can bring an existential threat to our governance architecture, especially when committed by the second-highest officer of the State,” he said.
Gachagua's petition filed at the Milimani Law Courts seeks compensation, salaries and benefits he says he lost following his removal from office. He also wants the court to declare the impeachment process unconstitutional, arguing that it lacked adequate public participation and violated principles of fairness.
The former Deputy President is further seeking to quash the National Assembly and Senate resolutions that culminated in his removal.
Gachagua made history as Kenya’s first Deputy President to be impeached after the Senate upheld charges against him in October 2024.