Senate challenges Ksh50m Awarded to Gachagua Over Unprocedural Impeachment in the Court of Appeal

The Senate has moved to the Court of Appeal seeking to overturn a High Court ruling that found the former Deputy President Rigathi Gachagua was denied a fair hearing during his impeachment proceedings and awarded him Ksh50 million in damages.

The Senate maintains that Gachagua was given adequate opportunity to participate in the proceedings and defend himself. It argues that his legal team had previously been granted additional time before making the subsequent request for an adjournment.

The Senate has also disputed the High Court’s conclusion that Gachagua’s failure to attend the proceedings was excused by illness. It argues that, at the time the adjournment was sought, the Senate had not been presented with sufficient evidence establishing that Gachagua was unwell or that his condition warranted postponing the proceedings.

The Ksh50 million compensation awarded to Gachagua is another major point of contention. The Senate argues that the High Court had no proper basis for granting constitutional damages arising from the alleged violation of the former Deputy President’s right to a fair hearing.

It has consequently asked the appellate court to overturn, vary or clarify the findings that Gachagua’s rights under Articles 47 and 50 were violated, as well as the order requiring the Senate to pay him Ksh50 million.