The High Court has upheld the impeachment of former Deputy President Rigathi Gachagua, dealing a major blow to his efforts to overturn his removal from office nearly two years after the historic Senate vote.
A three-judge bench comprising Justices Eric Ogola, Anthony Mrima and Freda Mugambi dismissed consolidated petitions challenging the legality and constitutionality of the impeachment process, affirming that both the National Assembly and the Senate acted within the law.
The judges rejected arguments that Parliament lacked the constitutional authority to conduct the impeachment due to concerns surrounding the implementation of the two-thirds gender principle. According to the court, the issue did not invalidate Parliament’s mandate to consider and determine impeachment proceedings.
The court further upheld the parliamentary standing orders that guided the impeachment process, finding that the procedures adopted by both Houses of Parliament were lawful. It also ruled that the National Assembly conducted adequate public participation before approving the impeachment motion.
In addition, the bench dismissed allegations that the Speakers of Parliament, Members of the National Assembly and Senators were biased during the proceedings. The judges held that the petitioners had failed to provide sufficient evidence to support claims of political prejudice.
However, in a significant aspect of the judgment, the court found that Gachagua’s right to a fair trial had been violated during the Senate proceedings and ordered the Senate to pay him KSh50 million in constitutional damages. The ruling marks one of the most notable constitutional compensation awards arising from an impeachment process under the 2010 Constitution.
Earlier in the day, the court declined an application seeking to postpone delivery of the judgment and proceeded with the ruling despite Gachagua’s absence from the courtroom.
The verdict brings to a close a legal battle stemming from Gachagua’s October 2024 impeachment, which saw the Senate uphold several charges against him and remove him from office. The ruling effectively confirms the legality of the impeachment process while acknowledging violations of his fair hearing rights during the proceedings.