Former Deputy President Rigathi Gachagua /FILEPolitical leaders and legal experts have offered contrasting reactions after a three-judge bench upheld the impeachment of former Deputy President Rigathi Gachagua while simultaneously finding that his constitutional right to a fair hearing had been violated.
The ruling, which preserved the Senate's decision to remove Gachagua from office but awarded him damages for the violation of his rights, has sparked debate over whether an impeachment process found to be procedurally flawed can still produce a valid outcome.
Among the first to question the judgment was constitutional lawyer Willis Otieno, who argued that the decision leaves critical legal questions unanswered.
According to the lawyer, a fair hearing is not a peripheral constitutional right that can be separated from the outcome of a process.
"The judgment appears to leave a significant tension unresolved. A finding that a person was denied a fair hearing ordinarily goes to the heart of the decision-making process. That is why many legal observers will ask: if the impeachment process was tainted by a violation of due process, how does the resulting Senate determination remain unaffected?" he said.
Otieno said the court needed to clearly explain the relationship between procedural fairness and the validity of the impeachment outcome, adding that constitutional litigation should provide legal certainty rather than create ambiguity.
"If the impeachment process is found to have suffered constitutional defects, what does that mean for the legal disabilities arising from that process? Does the judgment remove them, preserve them, or leave the matter for another court to determine?" he asked.
He predicted that the matter is likely to proceed to higher courts for further interpretation.
"I suspect this matter is far from concluded and may ultimately require appellate clarification," he said.
Lawyer Miguna Miguna also criticised the ruling, describing it as legally unsound and arguing that the court should have nullified the impeachment.
"As a man who is fully committed to fairness, justice and the rule of law, I believe that the court's ruling today was predetermined, is legally unsound and factually faulty. It should be overturned on appeal," Miguna said.
He maintained that the impeachment process was rushed and driven by personal and political considerations.
"The impeachment of Gachagua was not conducted fairly, was unjustly rushed and was motivated by parochial personal differences. The court ought to have nullified it," Miguna said.
Former Nominated Senator Millicent Omanga also questioned the apparent contradiction in the judgment.
"The 3-Judge Bench found that Rigathi Gachagua's right to a fair hearing was violated, yet declined to quash the impeachment and instead awarded damages. That raises a serious constitutional question," she said.
Omanga argued that due process is the foundation of impeachment proceedings, which she described as quasi-judicial and capable of ending political careers.
"A fair hearing isn't a technicality. In impeachment, a quasi-judicial, career-ending process, procedural integrity is everything. The constitution protects process, not just outcomes," she stated.
However, not all leaders viewed the ruling negatively. Nairobi Woman Representative Esther Passaris welcomed the court's decision, saying it had affirmed the constitutional process that led to Deputy President Kithure Kindiki's ascension to office.
Congratulating Kindiki, Passaris said the judgment presents an opportunity for the country to move beyond political contests and focus on national development.
"Today's ruling provides an opportunity for the country to move forward, strengthen confidence in our institutions, and focus our collective energies on the challenges and opportunities before us," she said.
Passaris urged leaders to prioritise service delivery and national unity, noting that Kenyans are more concerned about jobs, security, healthcare and education than political rivalries.
"Kenya needs leaders who build bridges, not walls; who unite, not divide; and who inspire hope rather than deepen polarisation," she said.
Nyeri Governor Mutahi Kahiga said "That was a miscarriage of Justice! Processes, procedures and fidelity to the Law were grossly breached in the impeachment! The Sh50 million award in damages is no consolation! fight on Riggy G! It shall be well," he said.
In its judgment, the High Court awarded Gachagua Sh50 million in damages, finding that his rights were infringed when the Senate declined to grant an adjournment sought by his legal team.
However, the court maintained that the violation did not invalidate the impeachment itself.
