The High Court has ordered the Senate to pay former Deputy President Rigathi Gachagua Sh50 million in constitutional damages after finding that his right to a fair hearing was violated during the impeachment proceedings that led to his removal from office in October 2024.
In a landmark judgment delivered on Monday, a three-judge bench comprising Justices Eric Ogola, Anthony Mrima and Freda Mugambi ruled that the Senate infringed Gachagua’s fair trial rights when it declined to adjourn the proceedings despite his absence.
The court held that compensation was necessary to remedy the constitutional violation and protect the integrity of due process in future proceedings.
“The court awards constitutional damages of Sh50 million to His Excellency Gachagua payable by the Senate to vindicate the Constitution, restore the dignity of the affected party, and deter future violations,” the bench stated in its ruling.
The judges observed that the award was intended not only to compensate the former Deputy President but also to underscore the importance of upholding constitutional safeguards during impeachment proceedings.
The court further declared that Parliament should enact a specific legal framework to guide the impeachment of a Deputy President under Article 150 of the Constitution, noting the need for clearer procedures in such processes.
However, the bench declined to make any determination on Gachagua’s pension and other benefits, stating that he was free to pursue the matter before the appropriate forum.
The judges also directed that each party bear its own legal costs, citing the public interest nature of the case. They added that any prayers not expressly granted in the judgment were deemed dismissed.
The ruling is the first of its kind under the 2010 Constitution and is expected to shape future impeachment proceedings involving senior State officers.
The legal battle is, however, far from over. Gachagua has already signalled his intention to challenge the judgment at the Court of Appeal, arguing that the High Court erred in upholding the impeachment process.
The Senate has also indicated that it will file a cross-appeal seeking to overturn the Sh50 million damages award, setting the stage for a fresh court battle over both the validity of the impeachment and the compensation granted.
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