The High Court in Milimani has heard submissions that the Senate acted unconstitutionally during the impeachment process that led to the removal of former Deputy President Rigathi Gachagua, in an ongoing petition challenging the legality of the proceedings.
The matter being heard before a three-judge bench comprising Justices Erick Ogolla, Anthony Mrima, and Freda Mugambi at the Milimani high court
The Justices are evaluating claims that the impeachment process failed to meet constitutional and procedural requirements.
Senior Counsel Paul Muite argued that the impeachment process was rushed and unconstitutional, saying it denied Gachagua a fair and proper opportunity to respond to the allegations against him.
Unconstitutional impeachment
Counsel Paul Muite asked the court that to agree with them that the impeachment was unconstitutional.
“The core of those prayers can be summarized as follows, the question, if this court agrees with our submissions, the quoting of the unconstitutional impeachment,”Muite said.
Compensation and benefits claim
He further added:
“Payment of the remuneration he(former Deputy President Gachagua) would have otherwise earned plus of course all the benefits as per the law,”he stated.
Counsel Elisha Ongoya also submitted that the Senate violated the Constitution during the proceedings that culminated in Gachagua’s removal in October 2024.
Ongoya told the court that the process was fast-tracked and that the former Deputy President was not given sufficient time or opportunity to properly defend himself.
The legal team further argued that the manner in which the impeachment was conducted undermined constitutional safeguards, particularly the right to a fair hearing in proceedings leading to removal from high office.
Gachagua is also seeking compensation following his removal, including damages and benefits, arguing that the process resulted in both financial and reputational harm.
Court attendance
In attendance were former Deputy President Rigathi Gachagua, his wife Pastor Dorcas Rigathi, and their son, who followed the proceedings before the High Court in Milimani.
Case summary
Rigathi Gachagua was impeached out of office as Deputy President after Senate proceedings in October 2024, which he now challenges as unconstitutional and procedurally flawed.
The court is set to continue hearing the petition and will eventually determine whether the impeachment process met constitutional requirements and whether any remedies, including compensation, should be granted.
