Senate Appeals Court Award to Gachagua Over Impeachment
The Speaker of the Senate and the Senate of the country have lodged an appeal against a High Court ruling that found former Deputy President Rigathi Gachagua’s right to a fair hearing was violated during his impeachment process.
The challenge targets a judgment delivered on June 8 by Justices E.O. Ogola, Dr F. Mugambi and A. Mrima in a consolidated constitutional petition. At the heart of the appeal are findings that Gachagua’s rights under Articles 47 and 50 of the Constitution were breached when the Senate refused an adjournment, as well as the subsequent award of 50 million shillings in constitutional damages.
In its memorandum of appeal, the Senate maintains that the High Court erred in concluding that a fair hearing was denied. The appellants assert that Gachagua was afforded a reasonable opportunity to appear and present his defence, including extra time granted at the request of his legal team. They stress that the Senate was under a constitutional duty to conclude the impeachment proceedings without undue delay and that the decision on whether to allow an adjournment rested firmly within its own discretion.
The Senate notes that the adjournment request was subjected to a formal procedural motion, debated by members and ultimately defeated through a vote. The appellants accuse the High Court of substituting its own judgment for that of the legislative body, despite the parliamentary process having been conducted lawfully and reasonably. They further contest the lower court’s acceptance that Gachagua’s absence was justified by illness, arguing that no supporting evidence was placed before the Senate at the relevant time.
“The Learned Judges erred in fact and in law in finding that the 1st Respondent’s absence was justified on account of illness,” the Senate states in its appeal papers. The appellants are asking the Court of Appeal to set aside, vary or clarify the sections of the judgment that declared a violation of Gachagua’s rights and ordered payment of the 50 million shillings. They also seek an order directing Gachagua and the other respondents to bear the costs of the appeal.
The case originates from a series of constitutional petitions filed in Nairobi and Kerugoya that were later consolidated, with Nairobi Petition No. E565 of 2024 serving as the lead matter. As the appeal proceeds, it reopens questions about the balance between parliamentary autonomy and individual constitutional protections during high-stakes political processes. The outcome is expected to carry significant implications for future impeachment proceedings and the scope of judicial review over legislative decisions.
