A three-judge bench at the High Court in Milimani on Monday, June 8, upheld former Deputy Rigathi Gachagua's impeachment.

Justices Eric Ogola, Anthony Mrima and Freda Mugambi delivered the ruling in a 350-page judgment and declined the request by Gachagua to overturn the Senate's decision to remove him from office. 

"The prayer seeking to quash the resolution of the Senate to impeach His Excellency Gachagua is hereby declined," Justice Ogola declared. 

However, the three judges determined that the Senate infringed on Gachagua's right to a fair trial by choosing to proceed with the impeachment motion in his absence after he was taken ill.

The High Court ordered the Senate to pay the former DP Ksh50 million in damages for the violation. 

"The Court awards constitutional damages of Ksh 50 million to His Excellency Rigathi Gachagua payable by the Senate to vindicate the constitution, restore the dignity of the affected party and deter future violations," Justice Ogola declared.

The judges explained that when the Parliament chose to handle the matter by physical presentations and cross-examination of witnesses, using the DCP Party Leader's written responses to claim that he was afforded the right to reply was wrong.

"We find that Gachagua’s rights were infringed when the Senate declined to allow an adjournment. This violation constitutes both a vindication of his rights and a recognition of the constitutional infirmity, but does not undo the impeachment itself," Justice Ogola read the judgment.

However, the High Court declined to issue a judgement on the ex-DP.

The Court affirmed that it had the jurisdiction to hear and deliberate on the petition challenging the impeachment of the former Deputy President.

On the concern of apparent bias, fairness, impartiality and conflict of interest in the impeachment motion, hearing and vote in the National Assembly, the court ruled that the claims by the petitioners were no more than political assertions.

"We therefore find that the allegations of bias, pre-determination and conflict of interest advanced by the petitioners against the Speakers, Members of Parliament and Senators are, on the materials before this court, no more than bare political and unsubstantiated assertions grounded in political inference and suspicion," Justice Ogola read.

On the issue of public participation, the three-judge bench referred to a ruling by the Supreme Court, which declared that the role of Parliament in the exercise is to facilitate citizens through adequate notice and sustainable avenues.

"The Constitution does not demand flawless execution of public participation; what it demands is a genuine, accessible and meaningful opportunity for the public to be heard. The evidence in this court showed that the door was opened widely, extensively, and in good faith," Justice Mugambi read.

On the matter of the Constitutionalism of the Standing Orders in the National Assembly and Senate, the three judges were in line with the Constitution.

Gachagua moved to court to challenge his impeachment, arguing that it was unconstitutional and that he was not given time to defend himself in the Senate.

Through his lawyers, he asked the court to issue seven declarations on his impeachment, including a ruling that the National Assembly and Senate violated constitutional requirements for public participation and timelines.

The DCP Leader wanted the courts to rule that the modalities used for public participation did not meet the legal threshold, and as such, the Senate failed to ensure that there was meaningful public participation on the motion.

He asked the court to rule on whether the ouster was legitimate, given that the Senate had not appointed a select committee.

On June 7, the DCP stated that he was prepared for any outcome of the court and asked his supporters to remain calm regardless of the court's decision.

He disclosed that if the three justices ruled in his favour, he would have received justice, and the people's faith in the judicial system would be renewed.

However, President William Ruto's former Deputy intimated that if the High Court declared that his impeachment followed due Constitutional process, he would challenge the ruling at the Court of Appeal.

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The former DP had told the court that he did not want to be reinstated into office but demanded to be paid more than Ksh80 million in damages.

Gachagua was impeached on October 18, 2024, after a Senate Majority voted to uphold Gachagua's ouster by the National Assembly. The motion was tabled in Parliament by Kibwezi Member of Parliament Mwengi Mutuse.

Mutuse accused the ex-DP of gross misconduct, violation of Articles of the Constitution on National Values and Principles of Governance, and undermining the authority of the President.

He was also charged with undermining devolution, undermining the independence of the judiciary and inflaming ethnic stations dueing a controversial speech in Kajiado in 2023.