Former Deputy President Rigathi Gachagua has rejected the High Court’s decision awarding him KSh50 million in constitutional damages, describing the ruling as contradictory and insisting he will challenge it at the Court of Appeal.
Gachagua said he respects the judiciary but disagrees with its interpretation of the law, arguing that the same court found violations of his right to a fair hearing yet still upheld his impeachment.
He said the judgment confirmed breaches of Article 50 on fair hearing, as well as other constitutional safeguards, but maintained that such findings should have invalidated the entire impeachment process.
“The long-standing legal principle of natural justice and the right to a fair hearing has been trashed and ignored in broad daylight,” he said.
“Impeachment was null and void”
Gachagua argued that once the court established violations of his rights, the impeachment process should have been declared null and void.
“Once that determination was made, the entire process collapsed and was null and void. There was no impeachment,” he said, terming the process a “constitutional coup.”
He maintained that the KSh50 million awarded was not the focus of his case, dismissing it as an “insult” and reaffirming that his fight was about constitutional principles rather than financial compensation.
How Gachagua was impeached
Gachagua’s impeachment process began in 2024 after allegations were tabled in the National Assembly accusing him of misconduct, constitutional violations, and abuse of office. Lawmakers voted to adopt the motion, paving the way for his trial before the Senate acting as an impeachment court.
During the Senate proceedings, he was represented by his legal team led by Senior Counsel Paul Muite. However, disputes arose over procedural fairness, including whether he was granted adequate opportunity to present his defence and concerns over adjournment requests during the hearings.
The Senate ultimately voted to impeach him, leading to his removal from office in October 2024. The process triggered a series of legal challenges questioning whether constitutional procedures were properly followed and whether his right to a fair hearing had been upheld.
Appeal underway
Following the High Court ruling, Gachagua confirmed that he has instructed his legal team to appeal the decision at the Court of Appeal, arguing that the judgment contains contradictions that undermine its legal effect.
He said earlier assurances by courts suggested that any unconstitutional impeachment process would be subject to reversal, insisting that the findings should have automatically nullified the outcome.
Rejects compensation award
Gachagua dismissed the KSh50 million compensation, saying the case was never about money.
“The Kshs. 50 million awarded to me is an insult to my fundamental rights and freedoms and a mockery of the Constitution; we are not interested,” he said.
He also claimed he faced political pressure before his removal, including alleged attempts to persuade him to resign before impeachment—claims that have not been independently verified.
The case now moves to the Court of Appeal, where Gachagua will seek to overturn key findings of the High Court and challenge the legality of the impeachment process.
The ruling has reignited national debate on impeachment procedures, fair hearing rights, and the constitutional limits of Parliament’s powers in removing a sitting Deputy President.
