The Lower Eastern Times Opening The Third Eye
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The High Court has declared former Deputy President Rigathi Gachagua’s removal from office lawful, affirming that both the National Assembly and the Senate conducted the impeachment process in accordance with the Constitution.
Although questions were raised about certain procedural aspects, the bench held that the final outcome could not be reversed.
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Delivering the ruling, the three judges emphasised that the constitutional framework governing the Deputy President’s office treats a completed impeachment as conclusive — particularly once a successor has been duly appointed. Courts, they said, are bound to respect that limitation.
“The Constitution is the grundnorm, and where that grundnorm deliberately and clearly limits the power of the court, that limitation must be respected.”
The bench did acknowledge a significant procedural flaw in the Senate proceedings: Gachagua’s request for an adjournment was turned down while he was unwell, a decision the judges determined violated his fair trial rights. However, they ruled that this breach alone was insufficient to nullify the removal, warning that such a reversal would risk the simultaneous existence of two Deputy Presidents — an outcome the Constitution cannot accommodate.
On the question of Gachagua’s successor, the court found that Parliament followed the correct legal steps when nominating and approving the new Deputy President, and rejected arguments that either delays or the pace of the proceedings made the process unlawful. The judges noted that acting swiftly does not, on its own, render a constitutional process invalid.
“The gazettement of the Senate resolution, the President’s nomination, and the National Assembly’s approval did not contravene the Constitution merely because they were undertaken expeditiously,” the judgement read.
The court further dismissed claims that the National Assembly was improperly constituted when it considered the impeachment motion, and confirmed that no external body was required to intervene during the transition period — Parliament and the President had acted within their rightful authority throughout.
Rather than overturning the impeachment, the bench determined that the appropriate remedy for the rights violations was formal recognition and financial compensation. Gachagua was awarded Sh50 million in damages for the infringement of his constitutional rights during the Senate proceedings.
