Senate ordered to pay Gachagua Ksh.50M for violating his fair trial rights during impeachment

The three-judge bench comprising Justice Eric Ogola, Justice Anthony Mrima and Justice Dr. Freda Mugambi delivered the order as part of its landmark ruling on Monday, marking the first judgment of its kind under Kenya's 2010 Constitution.

The court issued a declaratory order finding that Gachagua's fair trial rights were infringed when the Senate declined to grant an adjournment despite his absence from the proceedings.

The bench held that the award was necessary both as compensation and as a constitutional remedy.

"The court awards constitutional damages of Kenya Shillings 50 million to His Excellency Gachagua payable by the Senate to vindicate the Constitution, restore the dignity of the affected party, and deter future violations," the bench stated in its ruling.

The judges noted that the compensation was aimed at restoring Gachagua's dignity and at sending a clear signal to state organs against future breaches of fair trial protections.

The court further issued a declaratory order affirming the constitutional necessity for Parliament to enact a dedicated statutory framework governing the impeachment of a Deputy President under Article 150 of the Constitution.

On the question of pension and emoluments, the bench made no findings, stating that Gachagua was at liberty to pursue the matter before an appropriate forum.

Each party was directed to bear its own costs, given the public interest nature of the proceedings. The bench also clarified that any prayer not expressly allowed in the judgment was accordingly disallowed.