High Court awards Rigathi Gachagua KSh 50 million for rights violation during Senate impeachment
via Tuko2 min read
The High Court has awarded former deputy president Rigathi Gachagua KSh 50 million in constitutional damages, ruling that the Senate violated his rights during impeachment proceedings. A three-judge bench, led by Justice Eric Ogola, found that the Senate acted unfairly by refusing to postpone the hearing despite being informed of Gachagua's illness and inability to participate effectively. The court stated that the Senate had the discretion to postpone the proceedings but failed to exercise it appropriately. This compensation is intended to vindicate the Constitution, restore Gachagua's dignity, and deter future violations. However, the court declined to overturn Gachagua's impeachment, citing constitutional complications and the finality provisions of Article 1457 of the constitution. The judges noted that Gachagua is free to pursue other legal remedies. Each party will bear its own legal costs due to the public interest and constitutional significance of the matter.
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This summary was AI-generated from a story originally published by Tuko.
Must ReadThe High Court has upheld the impeachment of Rigathi Gachagua, while simultaneously ruling that his constitutional rights were violated during the Senate proceedings. The court awarded Gachagua KSh 50 million in compensation, to be paid by the Senate, but did not overturn the impeachment. Deputy President Kithure Kindiki, Gachagua's successor, responded to the ruling by stating, "It's okay." However, Gachagua's legal team expressed strong dissatisfaction with the decision, with lawyer Ndegwa Njiru calling it "judicial nonsense" and confirming plans to appeal to the Court of Appeal. Another lawyer, Dan Maanzo, argued that the court should have annulled the impeachment and reinstated Gachagua.
The Kenya Meteorological Department has issued a forecast indicating predominantly dry conditions across most of the country for the period from Tuesday, June 9, to Monday, June 15. However, some areas, specifically parts of the Highlands East and West of the Rift Valley and the Coast, may experience rainfall. Intermittent cool and cloudy conditions are also anticipated in certain parts of the Highlands East and West of the Rift Valley, the Southeastern Lowlands, the Rift Valley, and Northeastern Kenya. Daytime temperatures are expected to exceed 30°C in several counties, including parts of the coast, southeastern lowlands, highlands west of the Rift Valley, and northeastern and northwestern Kenya. Conversely, nighttime temperatures are projected to drop below 10°C in a few areas within the Highlands East and West of the Rift Valley, the Central Rift Valley, and near Mt. Kilimanjaro. Specific regional forecasts detail sunny intervals with possibilities of showers and thunderstorms in the Highlands West of the Rift Valley, the Lake Victoria Basin, and the Rift Valley. Northwestern Kenya and Northeastern Kenya are expected to have sunny intervals with partly cloudy nights, though morning rains and afternoon showers are possible in the latter. The Highlands East of the Rift Valley may see cloudy mornings with occasional rains, transitioning to sunny intervals. The Southeastern Lowlands and the Coast are also predicted to experience sunny intervals, with potential for morning, af
Must ReadOn Monday, June 8, petitioner Enock Aura, through his lawyer Harrison Kinyanjui, attempted to halt the delivery of a judgment concerning the impeachment of former Deputy President Rigathi Gachagua and the appointment of Deputy President Kithure Kindiki. Aura filed an urgent application with the Court of Appeal, seeking to stop the judgment in consolidated petitions. He argued that his separate constitutional petition was unfairly sidelined after the High Court allegedly altered a previously fixed hearing date. Kinyanjui informed the three-judge bench that an urgent application had been filed in the Court of Appeal to arrest the delivery of the judgment. Aura claims that the three-judge bench, comprising Justices Eric Ogola, Freda Mugambi, and Antony Mrima, unilaterally altered the hearing date of his petition. The judges, however, rejected the request, stating there was no legal basis to suspend the judgment as no court order had been issued. They also reminded the petitioner that his own application led to the separation of his petition from the consolidated impeachment cases. Kinyanjui countered this, stating that the deconsolidation order was made on May 29, 2025, with a hearing date of June 4, 2026. Aura's case raises issues such as the alleged withdrawal of signatures from Gachagua's impeachment motion and the claim that not all members of the National Assembly were present to vote, violating Article 1451 and 2 of the Constitution due to vacant constituencies.