The High Court has directed the Senate to compensate former Deputy President Rigathi Gachagua with KSh 50 million for violating his right to a fair trial during his impeachment in October 2024. In a landmark decision delivered on Monday, a three-judge bench comprising Justices Eric Ogola, Anthony Mrima, and Freda Mugambi ruled that the Senate’s handling of the proceedings fell short of constitutional standards.
The court found that Gachagua’s rights were breached after the Senate declined to adjourn the impeachment hearing despite his absence. According to the judges, this denied him a fair opportunity to participate in the process. In their ruling, the bench emphasized that the financial award serves both as compensation and as a constitutional safeguard against similar violations in the future. They noted that the damages are meant to restore Gachagua’s dignity while reinforcing adherence to due process by state institutions.
The judges also underscored the need for Parliament to establish a clear legal framework to guide the impeachment of a Deputy President, as provided for under Article 150 of the Constitution. They stated that such legislation is essential to ensure transparency and fairness in future proceedings. On the issue of pension and other benefits, the court declined to make a determination, advising that the matter can be pursued through the appropriate legal channels.
Given the public interest nature of the case, the court ordered each party to bear its own legal costs. It also clarified that any requests not specifically addressed in the judgment were considered denied. This ruling marks a significant moment in Kenya’s constitutional jurisprudence, setting a precedent on the protection of fair trial rights in high-level impeachment processes.
