Gachagua wins Sh50 million in damages but fails to overturn impeachment in landmark High Court ruling

Gachagua wins Sh50 million in damages but fails to overturn impeachment in landmark High Court ruling

High Court upholds Rigathi Gachagua’s impeachment by the Senate but awards him Sh50 million after finding that his right to a fair hearing was violated during the proceedings.

Former Deputy President Rigathi Gachagua has been awarded Sh50 million in compensation after the High Court found that his right to a fair hearing was violated during his impeachment proceedings, even as it upheld the legality of his removal from office in October 2024.
A three-judge bench comprising Justices Eric Ogola, Anthony Mrima and Freda Mugambi ruled that although Gachagua was lawfully removed under Article 145(7) of the Constitution, the Senate breached constitutional safeguards when it declined to grant him an adjournment to adequately prepare and present his defence.
The court found that this denial deprived him of a meaningful opportunity to respond, amounting to a violation of the right to a fair hearing.
“The court awards constitutional damages of Kenya Shillings 50 million to His Excellency Gachagua payable by the Senate to vindicate the Constitution, restore the dignity of the affected party, and deter future violations,” the bench stated.
The judges said the award was intended not only to compensate but also to reinforce adherence to due process in parliamentary proceedings, stressing that impeachment processes must comply with constitutional guarantees even when conducted within a political context. They further noted that the breach did not affect the validity of the impeachment outcome itself.
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The ruling forms part of a wider judgment that confirmed Gachagua’s removal followed constitutional procedure, while also addressing gaps in the legal framework governing Deputy President impeachment under Article 150 and urging Parliament to enact clearer legislation.
The court, however, declined to determine claims relating to pension and retirement benefits, directing that such matters be pursued in the appropriate forum.
Each party was ordered to bear its own costs, with all other reliefs not expressly granted deemed rejected.

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