Gachagua rejects Sh50 million award, says constitution cannot be priced

Former Deputy President Rigathi Gachagua has rejected the Sh50 million compensation awarded to him by the High Court, saying the amount does not match the constitutional violations he suffered during the impeachment process and cannot substitute justice.

Addressing a press conference on Tuesday, Gachagua described the award as inadequate and maintained that his legal challenge was never about financial gain but about defending the Constitution and safeguarding the rights of Kenyans.

“The Sh50 million awarded to me is an insult to my fundamental rights and freedoms and a mockery of the Constitution,” Gachagua said.

The DCP party leader argued that the damages awarded by the court failed to capture the seriousness of what he considers a breach of constitutional protections during the proceedings that led to his removal from office.

He stressed that his pursuit of justice was rooted in principle rather than personal benefit.

“Money was never the issue here; justice and constitutional supremacy was,” he said.

Gachagua said he would not allow financial compensation to overshadow what he believes were violations of constitutional rights and freedoms.

“I am one Kenyan leader who will not and cannot be swayed by promises of money to allow violation of the Constitution. I stand as a matter of principle to protect constitutional rights and to defend the Constitution,” he said.

“This is an oath that I swore and Kenyans know me for that. No offer, no amount of money can stand between me, my rights and the rights of the citizens of Kenya under the Constitution.”

His remarks came a day after a three-judge bench of the High Court awarded him Sh50 million in damages after finding that his constitutional right to a fair hearing had been violated during Senate proceedings that resulted in his impeachment.

The bench, made up of Justices Eric Ogola, Freda Mugambi and Anthony Mrima, found that the Senate acted unfairly when it declined his request for an adjournment on medical grounds.

According to the judges, the decision denied Gachagua a reasonable opportunity to fully participate in the proceedings, thereby infringing on his constitutional right to a fair hearing.

Despite that finding, the court upheld the impeachment, ruling that Parliament acted within the law and exercised its constitutional mandate in removing him from office.

The judges further held that the National Assembly conducted sufficient public participation and that the impeachment process generally complied with constitutional and legal requirements.

As a result, the court declined to overturn the Senate's decision, meaning Gachagua remains removed from office despite the damages awarded in his favour.

The judgment delivered mixed fortunes for the former Deputy President. While it validated his claim that some of his constitutional rights were violated during the impeachment proceedings, it also affirmed Parliament's decision to remove him from office, effectively ending his bid to have the impeachment overturned through the courts.