High Court upholds impeachment of Rigathi Gachagua; but rules his constitutional rights were violated
High Court upholds impeachment of Rigathi Gachagua; but rules his constitutional rights were violated
A three-judge bench at the High Court in Milimani on Monday, June 8, upheld former Deputy Rigathi Gachagua’s impeachment.
Justices Eric Ogola, Anthony Mrima and Freda Mugambi delivered the ruling in a 350-page judgment and declined Gachagua’s prayer to overturn the Senate’s decision to remove him from office.
“The prayer seeking to quash the resolution of the Senate to impeach His Excellency Gachagua is hereby declined,” Justice Ogola declared.
However, the three judges determined that the Senate infringed on Gachagua’s right to a fair trial by proceeding with the impeachment motion in his absence after he was taken ill.
The High Court ordered the Senate to pay the former DP Ksh50 million in damages for the violation.
“The Court awards constitutional damages of Ksh 50 million to His Excellency Rigathi Gachagua payable by the Senate to vindicate the constitution, restore the dignity of the affected party and deter future violations,” Justice Ogola declared.
The judges explained that when the Parliament chose to handle the matter by physical presentations and cross-examination of witnesses, using the DCP Party Leader’s written responses to claim that he was afforded the right to reply was wrong.
“We find that Gachagua’s rights were infringed when the Senate declined to allow an adjournment. This violation constitutes both a vindication of his rights and a recognition of the constitutional infirmity, but does not undo the impeachment itself,” Justice Ogola read the judgment.
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However, the High Court declined to issue a judgment on Gachagua’s request to be paid pension and other benefits of a retired DP.
“The Court makes no findings on pension and emoluments. The first petitioner is at liberty to pursue the matter before an appropriate forum,” the judgment read in part.
The Court affirmed that it had the jurisdiction to hear and deliberate on the petition challenging the impeachment of the former Deputy President.
On the issue of public participation, the three-judge bench referred to a Supreme Court declaration that Parliament’s role in the exercise is to facilitate citizens through adequate notice and sustainable avenues.
“The Constitution does not demand flawless execution of public participation; what it demands is a genuine, accessible and meaningful opportunity for the public to be heard. The evidence in this court showed that the door was opened widely, extensively, and in good faith,” Justice Mugambi read.
On the matter of the Constitutionalism of the Standing Orders in the National Assembly and Senate, the three judges were in line with the Constitution.
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