Former Deputy President Rigathi Gachagua has failed in his attempt to reverse the swearing-in of his successor, Kithure Kindiki, after the High Court ruled that the matter was no longer valid for litigation as it had already been concluded.

In a ruling delivered on Thursday, a three-judge bench made up of Justices Eric Ogola, Anthony Mrima, and Freda Mugambi dismissed Gachagua’s application, saying the oath of office had already been taken and could not be undone.

At the same time, the bench, also presiding over Gachagua’s impeachment case, declined to disqualify itself from hearing the matter.

Gachagua’s legal team had criticised an earlier bench selected by Deputy Chief Justice Philomena Mwilu, arguing that it was unconstitutional and therefore invalidated Kindiki’s swearing-in, which they described as “fruit from a poisonous tree.”

But Justice Eric Ogola pointed out that the court had already issued decisions on that issue, noting, “Those rulings are on record; therefore, it will be untidy for us to argue over those rulings. If those rulings are not clear, you know how to proceed.”

Gachagua’s lawyers also questioned the formation of the current panel, a claim that was echoed by lawyer Kibe Mungai, representing other petitioners, who accused the Judiciary of selecting favourable judges, commonly referred to as forum shopping. The court dismissed the accusations.

Justice Ogola explained, “The empanelment of the bench is an administrative duty of the Chief Justice. The Chief Justice’s decision to empanel a bench is final. This application is declined.”

While the court rejected Gachagua’s bid to reverse the swearing-in and change the bench, it gave him a small reprieve by dismissing a petition filed by Frederick Mula, who had asked to take over the case citing public interest.

Justice Freda Mugambi ruled, “The substitution of a petitioner is only allowed when the petitioner is not able to proceed with the matter.”

Earlier proceedings revealed that Gachagua had withdrawn his push to be reinstated as Deputy President and had instead shifted focus to compensation for his removal.

Senior Counsel Paul Muite, who is leading Gachagua’s legal team, told the court, “The petitioner wishes to vigorously challenge the legality and constitutionality of his impeachment and will be seeking to persuade this honourable court to grant him a monument he would have earned had he served for the entire five years for which he had been elected by the Kenyan people.”

Gachagua is now demanding close to Sh40 million in compensation, calculated as a monthly salary of Sh1.2 million for the remainder of the presidential term.

He is also asking the court to order the return of his security detail, access to retirement benefits, and other entitlements he believes are due to a Deputy President.