By Eve N. Njeri

The High Court has upheld the impeachment of former Deputy President Rigathi Gachagua but ordered the Senate to pay him Sh50 million in compensation for violating his constitutional right to a fair hearing.

In a landmark ruling, a three-judge bench comprising Justices Eric Ogola, Anthony Mrima, and Frida Mugambi held that reversing the impeachment would trigger a constitutional crisis, given that Deputy President Kithure Kindiki is already in office.

“Reversing the impeachment at this stage would create a constitutional crisis and disrupt the stability of government offices,” the judges ruled.

The court dismissed claims that the impeachment process was politically motivated, emphasizing that impeachment is both a political and constitutional process that must be respected when conducted within the law.

However, the judges found that Gachagua's rights were infringed when the Senate declined his request for an adjournment despite his hospitalization during the proceedings.

“The refusal to grant an adjournment violated the petitioner's right to a fair hearing,” the bench stated, noting that the breach warranted compensation.

As a result, the court awarded Gachagua Sh50 million in damages, saying the payment was intended “to restore dignity and uphold accountability within Parliament.”

Justice Frida Mugambi noted that while the procedural violation was serious, it was not sufficient to overturn the outcome of the impeachment.

“The violation was regrettable but not sufficient to overturn a constitutionally completed impeachment process,” she said.

Legal experts following the case described the judgment as a significant precedent in balancing due process rights with the finality of constitutional processes.

The ruling is already being hailed as historic, offering fresh guidance on how Kenyan courts will handle future disputes involving political accountability, constitutional rights, and high-level public office holders.

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