The High Court has directed the Senate to compensate former Deputy President Rigathi Gachagua with KSh50 million after finding that his right to a fair hearing was breached during the impeachment process that led to his removal in October 2024.
A three-judge bench comprising Justice Eric Ogola, Justice Anthony Mrima and Justice Dr. Freda Mugambi issued the award as part of its decision delivered on Monday, describing it as a significant constitutional remedy under the 2010 legal framework.
In its findings, the court held that Gachagua’s fair trial protections were violated when the Senate proceeded with the impeachment hearings despite declining to grant an adjournment he had sought due to his absence.
The judges ruled that the monetary award served both as compensation and as a constitutional safeguard intended to reinforce adherence to due process in future proceedings.
“The court awards constitutional damages of Kenya Shillings 50 million to His Excellency Gachagua payable by the Senate to vindicate the Constitution, restore the dignity of the affected party, and deter future violations,” the bench stated in its ruling.
Beyond compensation, the court emphasized that the decision was also meant to restore dignity and reinforce accountability among state institutions, warning against future violations of fair hearing rights.
The judges further directed that Parliament must move to establish a clear legal framework governing the impeachment of a Deputy President under Article 150, noting existing gaps in the law.
On financial benefits and retirement entitlements, the court declined to make a determination, stating that the former Deputy President remains free to pursue those claims through the appropriate legal channels.
Each party was ordered to bear its own costs, with the court noting that the matter involved issues of public interest. It also clarified that any prayers not expressly granted in the judgment were deemed dismissed.
The ruling adds a new dimension to the long-running impeachment dispute, introducing constitutional damages into one of the most closely watched political cases in recent years.
