The High Court has delivered a significant ruling arising from the impeachment of former Deputy President Rigathi Gachagua, awarding him KSh 50 million in constitutional damages while at the same time upholding the decision that removed him from office.
A three-judge bench found that although the impeachment process met the legal threshold required under the Constitution, certain procedural shortcomings occurred during the Senate proceedings that undermined elements of fairness.
Central to the court’s findings was the handling of an adjournment request made during the Senate hearing. The judges observed that the refusal to grant the request, despite Gachagua’s absence at a critical stage, amounted to a breach of his right to a fair hearing.
While the court did not disturb the outcome of the impeachment, it held that constitutional safeguards must be strictly observed even in politically sensitive proceedings. On that basis, the bench awarded the former Deputy President KSh 50 million as compensation for the violation of his rights.
The ruling underscores the dual nature of impeachment processes under Kenya’s constitutional framework, where political accountability and legal due process must operate side by side. In this case, the court drew a distinction between the validity of the final parliamentary decision and the manner in which parts of the process were conducted.
Despite the award, the effect of the impeachment remains unchanged, meaning Gachagua’s removal from office stands. His political and legal team is expected to consider the judgment in full before deciding on any further action, including a possible appeal.
The decision adds a new dimension to one of the most closely watched constitutional disputes in recent years, highlighting both the authority of Parliament in disciplinary proceedings and the supervisory role of the judiciary in safeguarding individual rights.
