Court upholds Gachagua impeachment, awards him Sh50million
However, the court ruled that Gachagua's right to a fair trial was violated during his 2024 impeachment proceedings.
Former Deputy President Rigathi Gachagua has suffered a major legal setback after the High Court upheld the impeachment that removed him from office in October 2024, while simultaneously awarding him Sh50 million in compensation for violations of his constitutional rights during Senate proceedings.
In a detailed judgment delivered late this evening, a three-judge bench comprising Eric Ogolla, Anthony Mrima and Frida Mugambi dismissed Gachagua’s petition challenging his removal from office and rejected his bid to be reinstated as Deputy President.
However, the court ruled that Gachagua’s right to a fair trial was violated during his 2024 impeachment proceedings.
The judges first affirmed that the court had jurisdiction to hear the matter before addressing the substantive issues raised in the consolidated petitions.
The court rejected claims that the impeachment process was tainted by bias on the part of parliamentary leaders, finding that Gachagua had failed to provide sufficient evidence to support the allegations.
The bench also upheld the public participation process undertaken by Parliament before the impeachment, ruling that adequate notice had been provided through advertisements published in both English and Kiswahili newspapers and that members of the public were given a genuine opportunity to submit their views.
“We are satisfied that the public participation conducted during the impeachment process met the constitutional threshold,” the judges held.
On the appointment of Deputy President Kithure Kindiki, the court found that Parliament’s approval process was conducted transparently and publicly through televised proceedings.
The judges further ruled that public participation was not constitutionally required during the approval of Kindiki’s nomination following the vacancy created by Gachagua’s removal.
The court also upheld Standing Order No. 64 and found the seven-day timeline provided under parliamentary procedures to be constitutional, noting that Parliament remains free to review or amend its rules if necessary.
However, the judges expressed concern over the absence of a comprehensive statutory framework governing the removal of a Deputy President under Article 150 of the Constitution.
They urged Parliament to enact legislation to provide a clear legal framework for future impeachment proceedings, saying the current gap could undermine institutional certainty and public confidence.
Despite this concern, the bench ruled that the lack of such legislation did not invalidate Gachagua’s impeachment, as Parliament had relied on constitutional provisions to safeguard his rights during the process.
In a partial victory for the former Deputy President, the court found that his constitutional rights were violated during the Senate impeachment trial and ordered the Senate to pay him Sh50 million in compensation.
The judges held that while the overall impeachment process met constitutional requirements, the rights violations warranted monetary compensation.
