Senate to Appeal High Court Ruling on Violation of Gachagua’s Fair Hearing Rights – Aaron Cheruiyot

Senate to Appeal High Court Ruling on Violation of Gachagua’s Fair Hearing Rights – Aaron Cheruiyot

NAIROBI, Kenya — The Senate has announced plans to challenge a recent High Court ruling that awarded former Deputy President Rigathi Gachagua KSh50 million in damages for the violation of his constitutional right to a fair hearing during impeachment proceedings, setting the stage for another major legal battle over one of Kenya’s most consequential political cases.

Senate Majority Leader Aaron Cheruiyot on Tuesday, June 9, confirmed that the Upper House would appeal the portion of the judgment relating to fair hearing rights, arguing that the Senate provided Gachagua with sufficient opportunity to defend himself during the October 2024 impeachment trial.

Cheruiyot maintained that senators acted within the law and followed established parliamentary procedures throughout the proceedings, dismissing claims that the former Deputy President was denied justice.

“As the Senate, we shall definitely appeal the High Court’s finding on a fair trial. We accorded Gachagua the opportunity to be heard orally and via his filed submissions. He chose, as most impeached persons do when they appear before the Senate, to deploy delay tactics. We said no,” Cheruiyot stated.

The Senate Majority Leader further argued that the impeachment process was conducted transparently and in accordance with constitutional provisions governing the removal of a Deputy President from office.

His remarks came just hours after a three-judge High Court bench delivered a landmark judgment that largely upheld Parliament’s decision to impeach Gachagua while simultaneously finding that his right to a fair hearing had been infringed.

The case had attracted nationwide attention after multiple petitions were filed challenging both the legality of the impeachment process and the procedures used by Parliament during the hearings.

In their ruling delivered on Monday, June 8, Justices Eric Ogolla, Anthony Mrima, and Fridah Mugambi dismissed several consolidated petitions seeking to overturn Gachagua’s removal from office.

The judges concluded that both the National Assembly and the Senate acted within their constitutional mandate when handling the impeachment proceedings.

A significant aspect of the judgment involved arguments surrounding the two-thirds gender principle, with petitioners claiming that Parliament lacked the legal authority to undertake impeachment proceedings because of alleged non-compliance with gender representation requirements.

However, the court rejected that argument, ruling that the issue did not invalidate Parliament’s constitutional powers.

“The two-thirds gender principle issue does not negate Parliament’s constitutional mandate to consider and determine impeachment proceedings,” the judges held.

The court also examined the Parliamentary Standing Orders used during the impeachment process and found that the National Assembly and Senate followed lawful procedures in processing the motion against the former Deputy President.

Additionally, the judges ruled that public participation requirements had been adequately met, finding that the National Assembly conducted the exercise in line with constitutional and legal standards.

Despite upholding the impeachment, the court identified one critical violation during the Senate proceedings.

According to the judgment, Gachagua’s constitutional right to a fair hearing was infringed when the Senate declined to grant an adjournment despite his absence during part of the proceedings.

The judges determined that the refusal limited his opportunity to fully present his case and adequately defend himself before senators.

“The denial of an adjournment denied the petitioner sufficient opportunity to present his case and therefore infringed on his right to a fair hearing,” the court found.

As a result, the bench awarded Gachagua KSh50 million in damages payable by the Senate as compensation for the constitutional violation.

However, the judges emphasized that the infringement was not substantial enough to invalidate the impeachment itself, meaning the decision removing Gachagua from office remains legally valid.

The ruling has generated significant political and legal debate, with supporters of the former Deputy President celebrating the compensation award while Senate leaders insist the finding was flawed.

Legal analysts say the anticipated appeal could provide further clarity on the extent of procedural protections required during parliamentary impeachment proceedings and may shape future interpretations of fair hearing rights in legislative processes.

As the Senate prepares to challenge the decision in a higher court, the case is expected to remain at the center of Kenya’s political and constitutional discourse, with implications extending beyond Gachagua’s impeachment to future accountability processes involving senior state officials.

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Senate to Appeal High Court Ruling on Violation of Gachagua’s Fair Hearing Rights – Aaron Cheruiyot