High Court judge who led the three-judge bench that upheld former Deputy President Rigathi Gachagua's impeachment while awarding him Sh50 million for fair hearing violation.
… The former CJ argued that the ruling by Justices Eric Ogola, Anthony Mrima, and Freda Mugambi breached constitutional provisions, possibly allowing legislatures to be less cautious about legal provisions in future impeachment motions. …
When High Court Judges Eric Ogola, Anthony Mrima and Freda Mugambi finished reading their 350-page judgment, affirming former Deputy President Rigathi Gachagua’s impeachment, but awarding him Sh50 million for violation of his right to a fair hearing opinion was dished fast and fu …
When High Court Judges Eric Ogola, Anthony Mrima and Freda Mugambi finished reading their 350-page judgment, affirming former Deputy President Rigathi Gachagua’s impeachment, but awarding him Sh50 million for violation of his right to a fair hearing opinion was dished fast and fu …
… The Justice Eric Ogola-led bench upheld his impeachment while awarding damages for violation of his right to a fair hearing, a finding Gachagua termed contradictory and one that undermines constitutional supremacy. …
… In a judgment delivered by a three-judge bench comprising Justices Eric Ogola, Anthony Mrima and Freidah Mugambi, the court dismissed petitions seeking to overturn Gachagua’s removal from office, affirming that both the National Assembly and the Senate acted within their constitu …
… Lawyers fidgeted, turned in glances at each other in shock, just as everyone in the room did when High Court judges Eric Ogola, Freda Mugambi and Anthony Mrima revealed they were to read 350 pages of their final verdict to settle former Deputy President Rigathi Gachagua’s impeach …
… Lawyers fidgeted, turned in glances at each other in shock, just as everyone in the room did when High Court judges Eric Ogola, Freda Mugambi and Anthony Mrima revealed they were to read 350 pages of their final verdict to settle former Deputy President Rigathi Gachagua’s impeach …
… Justices Eric Ogola, Anthony Mrima and Freda Mugambi held that there was sufficient public participation in the process and that public remarks by National Assembly Speaker Moses Wetang'ula and Senate Speaker Amason Kingi did not constitute bias. …
… In a judgment delivered by a three-judge bench comprising Justices Eric Ogola, Anthony Mrima and Freidah Mugambi, the court dismissed petitions seeking to overturn Gachagua’s removal from office, affirming that both the National Assembly and the Senate acted within their constitu …
Former Chief Justice David Maraga says the High Court's judgment on the impeachment of former Deputy President Rigathi Gachagua was flawed because it found his right to a fair hearing was violated but awarded him Ksh.50 million compensation rather than annulling the impeachment. Maraga argues that violating the constitutional right to a fair hearing should have resulted in nullifying the Senate's impeachment decision.
Why it matters
Former Chief Justice Maraga's criticism of the Gachagua impeachment judgment reveals ongoing constitutional controversy about remedy adequacy in fair trial violations.
Former Chief Justice David Maraga says the High Court's judgment on the impeachment of former Deputy President Rigathi Gachagua was flawed because it found his right to a fair hearing was violated but awarded him Ksh.50 million compensation rather than annulling the impeachment. Maraga argues that violating the constitutional right to a fair hearing should have resulted in nullifying the Senate's impeachment decision.
High Court judges Eric Ogola, Anthony Mrima and Freda Mugambi affirmed former Deputy President Rigathi Gachagua's impeachment in a 350-page judgment while awarding him Sh50 million for violation of his right to a fair hearing. The verdict prompted rapid criticism from former Chief Justice Willy Mutunga, Law Society of Kenya officials, and senior lawyers including Ahmednasir Abdullahi and Donald Kipkorir.
High Court judges affirmed former Deputy President Rigathi Gachagua's impeachment while awarding him Sh50 million for violation of his right to a fair hearing, a judgment that prompted strong criticism from the Law Society of Kenya, former Chief Justice Willy Mutunga, and multiple senior lawyers who expressed dissatisfaction with the ruling.
Former Deputy President Rigathi Gachagua has dismissed a High Court's Sh50 million damages award for violation of his right to fair hearing in his impeachment case as "an insult," saying the judgment itself confirmed his impeachment process violated his constitutional rights and should have been nullified. He has instructed his legal team to move to the Court of Appeal, arguing that constitutional supremacy rather than monetary compensation was at stake.
People's Liberation Party leader Martha Karua has criticised the High Court's upholding of former Deputy President Rigathi Gachagua's impeachment, describing the judgment as "flawed and troubling." The court found the impeachment constitutionally valid but acknowledged that the Senate violated Gachagua's right to a fair hearing by refusing to adjourn proceedings on medical grounds; Karua argues this violation should have resulted in nullification of proceedings, not merely damages.
A High Court panel has upheld the Senate's decision to remove former Deputy President Rigathi Gachagua from office but awarded him Sh50 million in compensation for violation of his rights, declining his request for reinstatement.
A three-judge High Court bench found that former Deputy President Rigathi Gachagua was denied a fair hearing by the Senate but upheld his impeachment and removal from office, awarding him Sh50 million in damages. Legal experts including the Law Society of Kenya President have criticized the ruling as inconsistent with precedent, noting it is unusual for a court to find a fair trial violation yet sustain the outcome.
The High Court upheld the impeachment of former Deputy President Rigathi Gachagua as constitutionally valid and final, dismissing petitions to overturn his removal and affirming that both the National Assembly and Senate acted within their constitutional mandates. The court found the Senate violated his rights by refusing to adjourn proceedings for medical reasons, awarding him Sh50 million in compensation.
Kenya's High Court has ordered the Senate to pay former Deputy President Rigathi Gachagua KSh 50 million in constitutional damages, ruling that his right to a fair trial was violated during his October 2024 impeachment proceedings when the Senate declined to grant an adjournment despite his absence.
A three-judge bench has upheld Prof. Kithure Kindiki's appointment as Deputy President, ruling that the process did not require public participation and was constitutionally sound, finding that Article 149 of the Constitution makes the appointment process adjudicative and procedural rather than consultative.
A three-judge bench at the High Court is set to deliver judgment in the case filed by former Deputy President Rigathi Gachagua, who is challenging the legality and constitutionality of his impeachment by the Senate. Although Gachagua has dropped his bid for reinstatement, he is seeking compensation and damages for what he terms an unlawful process.
Former Deputy President Rigathi Gachagua did not attend his landmark court ruling on his impeachment challenge on June 8, watching instead from home with his wife and opposition politicians. A three-justice bench delivered the ruling nearly 20 months after Gachagua became Kenya's first deputy president to be constitutionally impeached, with Gachagua's petition arguing the removal was unconstitutional.
Kenya's High Court upheld the October 2024 impeachment of former Deputy President Rigathi Gachagua, ruling that Parliament acted within constitutional bounds, but awarded him Sh50 million after finding the Senate violated his right to a fair hearing.
Lawyers for Deputy President Kithure Kindiki have argued before three High Court judges that judicial power is limited and supervisory rather than appellate, and that the impeachment of Rigathi Gachagua as deputy president is reserved for Parliament. According to Senior Counsel Dr Muthomi Thiankolu, the ex-deputy president was impeached on grounds of misconduct that could threaten the country's well-being.
Dr Dan Gikonyo faced sustained questioning in High Court over inconsistencies in his affidavit and discrepancies in hospital timelines related to former Deputy President Rigathi Gachagua's impeachment case. The proceedings are part of the legal battle following Gachagua's October 2024 removal from office by Parliament.
A three-judge High Court bench has resumed hearing a case challenging the impeachment of former Deputy President Rigathi Gachagua. His legal team argues that the National Assembly failed to conduct meaningful public participation before approving the impeachment motion, with lawyers contesting that the motion lacked sufficient detail for citizens to make informed submissions and questioning whether the claimed 30,000 public submissions within two days was realistic.
Former Deputy President Rigathi Gachagua is challenging his impeachment before the High Court, with his legal team arguing the proceedings were rushed and violated constitutional safeguards. Gachagua is seeking payment of salary and benefits he claims he would have earned had he remained in office.
Former Deputy President Rigathi Gachagua has renewed his legal challenge against his impeachment at Milimani High Court, seeking payment of salary and benefits he claims he would have earned had he remained in office, and contesting the legality of his removal.