Former Deputy President Rigathi Gachagua has been awarded Sh50 million in damages after the High Court found that his constitutional rights were violated during impeachment proceedings, even though the court upheld the final decision to remove him from office.
The court on Monday examined claims raised over how the Senate handled his impeachment hearing, focusing on a request for adjournment that was rejected. Judges found that the decision to continue with the hearing without granting the adjournment denied him fair procedural treatment.
In its findings, the court said the way that specific part of the hearing was handled did not meet constitutional standards, even though it did not interfere with the overall impeachment outcome.
The Senate was found to have acted in a way that violated Gachagua’s rights when it declined to grant the adjournment he had requested during the proceedings.
Delivering the ruling, Justice Eric Ogola stated: “We find that Gachagua’s rights were infringed when the Senate declined to allow an adjournment,” Justice Ogola stated.
The court further noted that while there was a violation of rights, it did not invalidate the impeachment decision that followed.
“This violation constitutes both a vindication of his rights and a recognition of the constitutional infirmity, but does not undo the impeachment itself,” he ruled.
Judges explained that constitutional damages are meant to recognise breaches of rights and provide compensation, even where the main decision in a case remains legally valid.
In this case, the court awarded Sh50 million as compensation, saying such awards serve to uphold the Constitution and address procedural unfairness without overturning the final political outcome.
Despite the finding on the adjournment issue, the court maintained that the impeachment process remains valid and legally binding.