Siaya Senator Oburu Odinga has sharply criticised the High Court decision that directed the Senate of Kenya to pay former Deputy President Rigathi Gachagua KSh50 million in constitutional damages, terming the judgment contradictory and inconsistent with the court’s own findings on the impeachment process.
Speaking during a Senate debate on Tuesday, June 9, 2026, Oburu said the court appeared to validate the legality of the impeachment while at the same time imposing financial penalties on the institution that conducted it.
“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,” he said.
The Orange Democratic Movement (ODM) leader maintained that senators acted within the law and followed constitutional procedures throughout the impeachment proceedings.
“We followed the Constitution, and we impeached him according to the Constitution,” Oburu said.
Oburu also raised concerns over the court’s findings regarding an adjournment request during the impeachment trial, arguing that senators were not aware of Gachagua’s whereabouts at the time.
“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,” he said.
He further dismissed later claims that Gachagua had been hospitalised, describing them as an afterthought that could not justify the court’s award of damages.
“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.
Oburu urged the Senate to challenge the ruling at the Court of Appeal, questioning how the House would meet the financial obligation if required to pay.
“I urge you to appeal, Mister Speaker. Ensure that the Senate does not pay this 50 million,” he said.
“Where do we get 50 million when we are struggling? We are poor.”
The Senate has already confirmed plans to appeal the High Court judgment, which found that Gachagua’s right to a fair hearing was violated during impeachment proceedings.
Speaker Amason Kingi said the House had directed its legal team to obtain certified copies of the judgment and file a notice of appeal.
He argued that the court misinterpreted the constitutional threshold for granting adjournments in quasi-judicial proceedings, insisting the Senate acted based on information available at the time.
Kingi explained that senators were informed Gachagua would testify after a lunch break, but upon resumption, his lawyer, Senior Counsel Paul Muite, told the House he did not know his client’s whereabouts. He added that claims of illness were not supported by evidence during the proceedings.
“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 matter is now expected to proceed to the Court of Appeal, setting the stage for a significant legal test on the limits of parliamentary immunity and constitutional liability in impeachment proceedings.
