Senate Challenges Sh50 Million Award to Gachagua Over Impeachment Hearing

The Senate and former Deputy President Rigathi Gachagua have filed separate appeals at the Court of Appeal over the High Court’s ruling on his impeachment.

The Senate, led by Speaker Amason Kingi, is challenging parts of the High Court’s June judgment that found senators had violated Mr Gachagua’s right to a fair hearing by refusing to adjourn the impeachment proceedings. It is also contesting the Sh50 million damages awarded to him.

In its memorandum of appeal, the Senate argues that the High Court misinterpreted Articles 47 and 50 of the Constitution. It says senators acted within their discretion when they rejected Mr Gachagua’s request for an adjournment after considering the circumstances and voting on the matter. The Senate also argues that it was required to conclude the impeachment proceedings without undue delay.

The Senate disputes the High Court’s finding that Mr Gachagua’s absence from the proceedings was justified by illness. It says no medical evidence had been presented to the Senate at the time. The Senate argues that the judges therefore interfered with parliamentary discretion by substituting their own assessment for that of the House.

It is asking the Court of Appeal to overturn the finding that its conduct breached Mr Gachagua’s constitutional rights and to set aside the damages award. Mr Gachagua has filed a separate appeal challenging other parts of the High Court ruling. Although he welcomed the finding that his rights had been violated and the award of damages, he is challenging the court’s decision to uphold his impeachment and the appointment of Prof Kithure Kindiki as Deputy President.

His appeal argues that the impeachment process was affected by bias, inadequate public participation and unconstitutional procedures. He is seeking to have the impeachment overturned.

The dispute began in October 2024, when Kibwezi West MP Mwengi Mutuse introduced a motion containing 11 allegations against Mr Gachagua. The National Assembly approved the motion, after which the Senate considered the charges and upheld five of them before voting to remove him from office.

The High Court rejected most of Mr Gachagua’s challenges but found that the Senate had committed a procedural breach by continuing with the hearing after acknowledging that he was ill. The judges held that the decision had undermined the principle of equality of arms, but ruled that the breach did not invalidate the impeachment.

The court also held that Mr Gachagua’s removal remained final under Article 145 of the Constitution.