A petitioner has approached the Eldoret High Court seeking to compel the government to restore benefits and privileges to Rigathi Gachagua, which reportedly were revoked after his impeachment as Deputy President.
The petition, filed by advocate Pharis Mbugua on behalf of Joseph Muchai Muiruri, requests the reinstatement of Gachagua’s security detail, official offices, and staff while his ouster case remains unresolved.
The Inspector General of Police, Public Service Commission, Attorney General, National Assembly, Senate, and the speakers of both houses are named as respondents.
The petition details actions taken by these respondents, including denying access to official offices at Harambee House Annex, restricting staff services, and withdrawing Gachagua’s security detail.
Certified as urgent, the petition argues that the government’s actions following Gachagua’s impeachment on October 17 violate Article 151(2) of the Constitution, which expressly prohibits any disadvantageous variation to the Deputy President’s benefits and privileges while he remains in office.
The petitioner criticized the government for contravening conservatory orders from the High Court in Nairobi, which temporarily stayed the Senate’s resolution on the impeachment.
The petition further asserts that the actions taken by state agencies undermine public service delivery and violate Gachagua’s right to fair administrative action.
Advocate Mbugua emphasized, “The actions of the respondents are not only unconstitutional, but they also threaten service delivery to the public and the security of the interested party, the Deputy President.”
He warned that unless the application is heard urgently, “irreversible harm is likely to occur to the people and/or to the Deputy President.”
Part of Gachagua Security Reinstated
This petition followed a statement from Kiambu Senator Karugo Thangwa, a key ally of Gachagua, who announced that the government had reinstated part of Gachagua’s security detail.
When Gachagua appeared publicly on Sunday, he was accompanied by two of his official bodyguards from the elite General Service Unit (GSU) after reporting the recall of his security.
On October 20, Gachagua had expressed concern that the withdrawal of his security detail while he was hospitalized had left him vulnerable. He also had two official vehicles when he attended a church service at St. James ACK Cathedral in Kiambu.
According to Thangwa, the government deployed police officers to Gachagua’s private residence in Karen, where he had relied on a private security firm after the withdrawal of his official security.
“The state has reinstated part of Deputy President Rigathi Gachagua’s security detail,” the senator stated on Sunday.
“In the same spirit, I urge the government to take the next honorable step and reinstate his employees as well,” he added