Senate Speaker Amason Kingi has announced that the Senate will challenge the High Court’s decision awarding former Deputy President Rigathi Gachagua KSh 50 million in constitutional damages following his impeachment proceedings.
In a written statement, Kingi said the Senate had instructed its legal team to immediately apply for certified copies of the proceedings and file a Notice of Appeal against the judgment delivered in Constitutional Petition No. E565 of 2024.
The High Court found that Gachagua’s rights to a fair hearing were violated when the Senate declined to adjourn the impeachment proceedings despite his absence. The court subsequently issued a declaratory order and awarded KSh 50 million in damages to vindicate his constitutional rights.
However, Kingi maintained that the Senate disagrees with the court’s findings and believes the ruling failed to take into account the circumstances under which the impeachment proceedings were conducted.
Senate Defends Decision on Adjournment
According to Kingi, the impeachment process had proceeded without incident and Gachagua had actively participated until the final day of the hearing.
He noted that after the Senate resumed from a lunch break, Gachagua’s legal team informed the House that they could not account for his whereabouts and later claimed he had fallen ill.
Kingi argued that no evidence was presented at the time to support the illness claim, forcing senators to make a decision based on the information available before them.
“The Senate, as the impeachment court had to be satisfied on evidence, that the application was meritorious and was not merely a tool to frustrate, delay or altogether stop the impeachment process,” he said.
He further argued that granting adjournments is not automatic and must be exercised judiciously, balancing the right to a fair hearing with the need to avoid unnecessary delays in judicial and quasi-judicial proceedings.
The Speaker said a key element of the Senate’s appeal will be the High Court’s conclusion that Gachagua’s fair trial rights were infringed.
Kingi maintained that the Senate acted within its constitutional mandate and that the court’s declaratory orders and the KSh 50 million damages award were based on what he termed an erroneous interpretation of the facts and law.
