High Court Awards Rigathi Gachagua Sh50 Million in Damages Over Rights Violation in Impeachment Case
Former Deputy President Rigathi Gachagua has been awarded Sh50 million in constitutional damages after the High Court found that his rights were violated during impeachment proceedings in the Senate.
The court determined that Gachagua’s right to a fair process was infringed when the Senate proceeded with the impeachment hearing without granting an adjournment he had formally requested.
Court Finds Violation of Constitutional Rights
In his ruling, Justice Eric Ogola held that the Senate’s decision to continue with the proceedings despite the request for adjournment amounted to a breach of Gachagua’s constitutional rights. “The judge noted that the refusal to grant the adjournment compromised procedural fairness during a critical stage of the impeachment process.
We find that Gachagua’s rights were infringed when the Senate declined to allow an adjournment,” Justice Ogola stated.”
The court held that this breach warranted an award of constitutional damages.
Sh50 Million Award Explained
Justice Ogola ruled that the Sh50 million award was meant to compensate Gachagua for the violation of his constitutional rights during the impeachment process.
He emphasized that constitutional damages are not only compensatory but also serve to affirm the supremacy of the Constitution and deter future violations by public institutions.
Impeachment Outcome Remains Valid
Despite the finding of a rights violation, the High Court clarified that the impeachment outcome itself remains valid and legally binding.
The judge explicitly stated that the constitutional breach did not rise to a level that would nullify the entire impeachment process. “This violation constitutes both a vindication of his rights and a recognition of the constitutional infirmity but does not undo the impeachment itself,” the court ruled.
Court’s Position on Constitutional Damages
The court further emphasized that constitutional damages are awarded not to overturn lawful institutional decisions but to address specific violations of rights where they occur.
In this case, while the impeachment process was upheld, the manner in which part of the Senate proceedings was conducted was found to be unconstitutional.
