NAIROBI, Kenya — Former Deputy President Rigathi Gachagua has been awarded Sh50 million in constitutional damages after the High Court found that his rights were violated during his impeachment proceedings in the Senate.
In a ruling delivered by Justice Eric Ogola, the court held that Gachagua’s right to fair administrative action was breached when the Senate declined to grant an adjournment he had requested during the impeachment process.
The judge said the denial of the adjournment compromised procedural fairness, warranting constitutional compensation, even though it did not affect the final impeachment outcome.
Court: Senate violated right to fair process
Justice Ogola found that the decision by the Senate to proceed without granting additional time amounted to a constitutional violation.
“We find that Gachagua’s rights were infringed when the Senate declined to allow an adjournment,” the judge stated.
The court held that while legislative bodies retain discretion over their proceedings, that discretion must still operate within constitutional limits, including respect for fair hearing rights.
Damages awarded but impeachment remains valid
Despite the finding of a rights violation, the court was clear that the award of damages does not overturn or invalidate the impeachment itself.
“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 ruled.
The judgment effectively separates the legality of the impeachment outcome from procedural irregularities identified during the Senate proceedings.
Constitutional damages as remedy for rights breaches
The court further emphasised that constitutional damages serve a dual purpose: compensating the affected individual while also reinforcing constitutional compliance by state institutions.
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In this case, the Sh50 million award was framed as both restitution and a declaration that constitutional safeguards must be upheld even in politically charged proceedings such as impeachment.
Legal significance of ruling
The decision introduces a nuanced position in the broader Gachagua impeachment litigation, affirming the validity of the impeachment while simultaneously acknowledging procedural violations at Senate level.
It underscores the court’s position that constitutional breaches can attract financial remedies without necessarily undoing institutional outcomes reached through parliamentary processes.
The ruling adds another layer to one of Kenya’s most consequential political and legal battles in recent history, involving the impeachment and removal of a sitting Deputy President.
