Siaya Senator Oburu Odinga has raised concerns over the High Court ruling that awarded former Deputy President Rigathi Gachagua KSh50 million in constitutional damages, describing the decision as contradictory and difficult to reconcile with the court’s affirmation of the impeachment process.
Speaking during a Senate debate on Tuesday, June 9, 2026, Oburu questioned why the court would impose a financial penalty on the Senate while simultaneously finding that lawmakers acted within the Constitution when impeaching Gachagua.
“Mister Speaker, sir, I’m equally surprised with the court decision to impose a fine of 50 million shillings on the Senate, when, on the other hand, the same court is saying the Senate was right and the Senate rightly impeached according to the Constitution,” Oburu said.
The Orange Democratic Movement (ODM) senator maintained that the Senate discharged its constitutional mandate properly and followed the legal procedures required during the impeachment proceedings.
“We followed the Constitution, and we impeached him according to the Constitution,” he added.
Oburu also challenged the court’s finding regarding the Senate’s refusal to adjourn proceedings after requests from Gachagua’s legal team, arguing that senators acted based on the information available to them at the time.
According to the senator, neither the House nor Gachagua’s lawyer could account for the former Deputy President’s whereabouts when the adjournment request was made.
“When we were here, all of us were here when the lawyer himself told us that he did not know where his client was. Now, if he didn’t know, then how could we know? We did not know where he was,” Oburu stated.
He dismissed subsequent claims that Gachagua was receiving medical treatment as information that emerged after the Senate had already made its decision.
“We did not know, so whatever was brought later on that he was in hospital was an afterthought, and that afterthought cannot be used to impose a fine on us when we acted constitutionally,” he said.
The veteran politician urged Senate leadership to challenge the ruling at the Court of Appeal, arguing that the House should not be compelled to pay the damages awarded by the High Court.
“I urge you to appeal, Mister Speaker. Ensure that the Senate does not pay this 50 million,” Oburu said.
“Where do we get 50 million when we are struggling? We are poor,” he added.
His remarks came as the Senate formally announced plans to appeal the judgment, specifically targeting the court’s finding that Gachagua’s right to a fair hearing was violated and the resulting compensation award.
Senate Speaker Amason Kingi confirmed that the House had instructed its legal team to obtain certified copies of the judgment and prepare the necessary appeal documents.
Kingi said the Senate disagreed with the court’s interpretation of the constitutional threshold required for granting adjournments during quasi-judicial proceedings.
According to the Speaker, senators made their decision based on the evidence and information presented before them at the time.
He noted that lawmakers had expected Gachagua to return and testify after a lunch break but were later informed by his lawyer, Senior Counsel Paul Muite, that he could not account for his client’s whereabouts.
Kingi further argued that no medical evidence was presented to the Senate when the request for adjournment was being considered.
“The Senate, as the impeachment court, decided not to grant the adjournment request in the particular circumstances of the day because of the absence of evidence or good cause presented to it,” Kingi said.
The planned appeal is expected to reignite legal debate over the balance between due process rights and Parliament’s constitutional powers in impeachment proceedings, with the Court of Appeal now set to examine the contentious issues arising from the landmark ruling.
