DCP party leader Rigathi Gachagua/FILEFormer Deputy President Rigathi Gachagua has been awarded Sh50 million in damages after the High Court found that his constitutional rights were violated during impeachment proceedings, particularly when the Senate declined to grant an adjournment he had sought.
In his determination, Justice Eric Ogola held that the decision by the Senate to proceed without allowing the requested adjournment amounted to a breach of Gachagua’s rights, noting that the violation warranted constitutional compensation.
“We find that Gachagua’s rights were infringed when the Senate declined to allow an adjournment,” Justice Ogola stated.
"The Court awards constitutional damages of Sh50 million to H.E. Gachagua payable by the Senate, to vindicate the Constitution, restore the dignity of the affected party, and deter future violations."
The judge added that while the court was awarding damages for the infringement, the ruling does not invalidate the impeachment outcome itself.
“This violation constitutes both a vindication of his rights and a recognition of the constitutional infirmity but does not undo the impeachment itself,” he ruled.
The court emphasised that constitutional damages serve not only to compensate an affected party but also to affirm and uphold the Constitution where breaches occur.
Despite finding a rights violation, the court maintained that the impeachment process itself remains intact and legally valid, even as it faulted aspects of how the proceedings were conducted.
