NAIROBI, Kenya, Oct 28 — A petitioner has moved to court seeking orders to compel the government to reinstate benefits and privileges to Rigathi Gachagua, which were reportedly revoked following his impeachment as Deputy President.
The petition, filed by advocate Pharis Mbugua on behalf of petitioner Joseph Muchai Muiruri at the Eldoret High Court on Monday seeks the reinstatement of Gachagua’s security detail, official offices, and staff pending the resolution of his ouster case.
The petitioner listed the Inspector General of Police, Public Service Commission, Attorney General, National Assembly, Senate, National Assembly and the speaker sof both houses as respondents.
The petition details actions by several respondents, including the denial of access to official offices at Harambee House Annex, restriction of staff services, and withdrawal of Gachagua’s security detail.
The petition, certified as urgent, asserts that subsequent government actions following Gachagua’s impeachment on October 17 contravenes Article 151(2) of the Constitution which “expressly prohibits any disadvantageous variation to the Deputy President’s benefits and privileges while still in office.”
The petitioner faulted the government saying its actions contarvene conservatory orders from the High Court in Nairobi, which temporarily stayed the Senate’s resolution on the impeachment.
The petition also argues that the actions taken by state agencies threaten to compromise public service delivery and violate Gachagua’s right to fair administrative action.
“That 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,” Advocate Mbugua emphasized.
He argued that unless the “application is heard urgently; irreversible harm is likely to be occasioned to the people or/and to the Deputy President.”
Security reinstatement
The petition came hours after a after a key ally of Gachagua, Kiambu Senator Karugo Thangwa , said the government had reinstated part of Gachagua’s security detail.
When he appeared publicly on Sunday since reporting the recall of his security, Gachagua had two of his official bodyguards drawn from the elite General Service Unit (GSU) guarding him.
Gachagua had on October 20 said the withdrawal of his security detail while in the hospital had left him vulnerable.
The ousted DP also had two official cars when he attended a church service at St James ACK Cathedral in Kiambu.
The government also deployed police officers to his private residence in Karen where he had been using a private security firm following the withdrawal of his security, according to Thangwa.
“The state has reinstated part of Deputy President Rigathi Gachagua’s security detail,” the Senator said on Sunday.
“In the same spirit, I urge the government to take the next honourable step and reinstate his employees as well,” he added.
Aside from security, Gachagua, whose fate is now resting with the courts had also protested the withdrawal of his workers from his Karen and Nyeri residences.
“I have been here alone without a single officer looking after me. All officers close to me were disarmed and given a warning that they should not be near me. As we speak the Deputy President has no single security officer around him. He is alone,” he lamented.
Gachagua said President William Ruto should take the blame in the event anything happens to him and his family.
