Blow to Former Deputy President Rigathi Gachagua as High Court Upholds his impeachment

GACHAGUA IMPEACHMENT UPHELD, BUT COURT ORDERS SENATE TO PAY HIM KSH 50 MILLION FOR RIGHTS VIOLATION

By Mercy Chete

NAIROBI, KENYA In a historic and highly nuanced judgment, the High Court has officially upheld the October 2024 impeachment of former Deputy President Rigathi Gachagua, ruling that his removal from office was legal and valid. However, in a major twist that has sent shockwaves through the political landscape, the court has ordered the Senate of Kenya to pay Gachagua KSh 50 million in constitutional damages for violating his right to a fair trial.The landmark decision was delivered at the Milimani Law Courts by a three-judge bench comprising Justices Eric Ogola, Anthony Mrima, and Dr. Freda Mugambi. The judgment represents the first of its kind under Kenya’s 2010 Constitution, balancing the supremacy of legislative impeachment powers with strict protections for individual constitutional rights.Gachagua, who dropped his bid for office reinstatement earlier this year to focus entirely on compensation and legal vindication, was absent from court. The bench rejected a last-minute push from petitioners’ lawyers to delay the session and proceeded to read the massive verdict.The Impeachment Stands, Kindiki’s Role SecureThe High Court fundamentally protected the outcome of the political process, refusing to overturn the Senate’s final vote to remove Gachagua. The judges affirmed that the National Assembly and the Senate executed their primary jurisdictional mandates legally when evaluating the charges, which included gross misconduct and divisive “shareholding” remarks.Crucially, the bench clarified that this award of monetary damages does not invalidate the impeachment outcome itself. The status of Kithure Kindiki as the lawful Deputy President remains fully secure and legally unbothered by today’s ruling.The Twist: Why the Senate Must Pay KSh 50 MillionWhile the court validated the ultimate grounds for impeachment, it fiercely condemned the Senate’s *procedure* on the final day of the trial, specifically when Gachagua was suddenly rushed to the hospital with acute chest pains.Justice Eric Ogola, reading the determination, held that the Senate committed a severe constitutional breach by flatly refusing to grant a short adjournment to allow the co-accused to recover and defend himself. The court issued a sharp declaratory order finding that Gachagua’s fair trial rights under Article 50 were directly infringed.> “The court awards constitutional damages of Kenya Shillings 50 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 High Court Bench. The judges emphasized that the multi-million shilling penalty was necessary not just to compensate Gachagua for his loss of dignity, but to serve as a harsh warning to state organs that constitutional timelines can never be used to override basic human rights. No Ruling on Lifetime PensionsWhile Gachagua walked away with a KSh 50 million win for the fair trial violation, the High Court deliberately made no findings regarding his broader KSh 80 million claim, which sought a lifetime monthly pension of KSh 980,000, unserved salary up to 2027, and continuous state security. The bench stated that Gachagua remains at complete liberty to pursue those specific retirement perks before an appropriate legal forum or through the Court of Appeal.What’s Next?Today’s ruling has completely reshaped the narrative for Gachagua and his new political vehicle, the Democracy for the Citizens Party (DCP).While the state successfully protected the legitimacy of the ouster, Gachagua enters the early stages of the August 2027 election cycle with a major badge of legal vindication. The High Court has handed him both a financial windfall and a powerful political talking point: the judiciary has officially ruled that his removal was pushed through via an unconstitutional violation of his rights.With both sides scoring significant points in this historic ruling, the legal battle is highly anticipated to escalate to the Court of Appeal as the Senate seeks to fight off the KSh 50 million fine.