Former Deputy President Rigathi Gachagua has been awarded KSh50 million in constitutional damages after the High Court ruled that his right to a fair hearing was violated during the Senate impeachment proceedings, even as it upheld his removal from office.
In a landmark judgment delivered on Monday, the three-judge bench found that while the impeachment process met the constitutional threshold and would remain in force, the Senate infringed on Gachagua’s constitutional rights by declining to adjourn the proceedings after he was reportedly taken ill.
The judges consequently ordered the Senate to compensate the former Deputy President with KSh50 million, saying the award was meant to vindicate the Constitution, restore the dignity of the affected party and deter similar violations in future parliamentary proceedings.
Court Upholds Gachagua’s Impeachment
Despite awarding damages, the court declined to nullify the impeachment, holding that Parliament acted within its constitutional mandate in considering and passing the motion to remove Gachagua from office.
The bench further found that claims of bias against Parliament had not been sufficiently proven and that the public participation process preceding the impeachment met the standards required under the Constitution.
The ruling effectively means that Gachagua’s removal from office remains valid despite the court’s finding that his fair hearing rights were violated.
Why the Court Awarded KSh50 Million
The constitutional damages stem from the Senate’s decision to proceed with the impeachment hearing after Gachagua’s legal team requested an adjournment on medical grounds.
According to the judges, denying the request denied the former Deputy President a meaningful opportunity to participate in proceedings that directly affected his constitutional office and political future.
The court held that the violation warranted monetary compensation but was not sufficient to invalidate the impeachment itself.
Background to the Impeachment
Gachagua challenged his impeachment in court after both the National Assembly and the Senate voted to remove him from office following allegations of constitutional violations and misconduct.
In his petition, he argued that the process was procedurally flawed and that his constitutional rights had been infringed, particularly during the Senate hearings.
Monday’s ruling settles one of the key legal questions surrounding the impeachment by affirming its legality while simultaneously recognizing that parts of the process fell short of constitutional standards.
Landmark Constitutional Decision
Legal observers are expected to closely study the judgment as it sets an important precedent on the balance between Parliament’s impeachment powers and the obligation to uphold the constitutional rights of public officials facing removal from office.
The KSh50 million award is among the most notable constitutional compensation orders arising from an impeachment dispute in Kenya and is likely to influence how future parliamentary proceedings are conducted.
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