Although the High Court found that former Deputy President Rigathi Gachagua did not receive a fair hearing during his impeachment trial, the judges stopped short of overturning the process or returning him to office.
In their detailed judgment, the three-judge bench concluded that the Senate violated Gachagua's constitutional right to a fair hearing after proceeding with the impeachment proceedings when he was reportedly unwell and unable to fully present his defence.
However, the court explained that setting aside the impeachment and restoring him to the position of Deputy President would create serious constitutional complications.
The judges noted that the office of Deputy President is already occupied following the succession process that took place after Gachagua's removal. Reinstating him would effectively result in two individuals claiming the same office at the same time, a situation the court described as inconsistent with the Constitution.
The bench further held that once the Senate passes an impeachment resolution, the decision takes effect immediately under the Constitution. According to the judges, any vacancy arising from such a process must be filled through the succession mechanisms provided by law, making judicial reinstatement difficult once a replacement has assumed office.
As a result, the court opted for a different remedy. Instead of reversing the impeachment, the judges awarded Gachagua Ksh50 million in compensation for the violation of his right to a fair hearing.
The decision has triggered debate among legal and political observers, with some questioning how the court could find fault in part of the impeachment process while still allowing the outcome to stand.
Among the critics was lawyer Ndegwa Njiru, a member of Gachagua's legal team, who openly disagreed with the ruling and questioned the court's reasoning.
The judgment is expected to remain a key reference point in future discussions on impeachment, constitutional remedies, and the limits of judicial intervention in political processes.
