Senate Majority Leader Aaron Cheruiyot has defended the Senate’s handling of the impeachment proceedings against former Deputy President Rigathi Gachagua, insisting that the House accorded him a fair hearing and will be moving to challenge the High Court’s decision that faulted aspects of the process.
Cheruiyot said the Senate firmly disagrees with the finding that Gachagua was denied a fair trial, arguing that the former DP was given sufficient opportunity to defend himself both orally and through written submissions.
“As the Senate, we shall definitely appeal the High Court finding on fair trial,” Cheruiyot said.
“We accorded Gachagua the opportunity to be heard orally and via his filed submissions.”
He added that the DCP leader, like many impeached leaders before him, opted to use what the Senate considers procedural tactics that slowed down proceedings rather than directly engaging the substance of the charges.
“He chose, as most impeached persons do when they appear before the Senate, to deploy delay tactics. We said no,” the Kericho Senator stated.
The Senate leadership’s remarks come in the wake of heightened political and legal scrutiny following the High Court ruling, which raised questions about whether constitutional standards of fair hearing were fully observed during the impeachment process.
The impeachment process against Gachagua was among the most closely watched parliamentary proceedings in recent years, drawing national attention and triggering parallel legal and political debates over due process, legislative authority, and executive accountability.
While the High Court faulted elements of the process, Senate leadership insists the ruling sets a precedent that could undermine the ability of Parliament to effectively discharge its oversight role if not challenged.
The three-judge bench comprising Justice Eric Ogola, Justice Anthony Mrima and Justice Freda Mugambi, in their ruling, ordered the Senate to pay Gachagua Sh50 million in constitutional damages.
They found that his right to a fair trial was violated during the impeachment proceedings that removed him from office in October 2024.
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 court awards constitutional damages of Sh50 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.
During the impeachment proceedings in the Senate, Gachagua had to be rushed to Karen Hospital after allegedly falling ill.
The announcement by Cheruiyot now adds another layer to Gachagua’s ongoing legal and political challenges, as he simultaneously pursues avenues of appeal that could potentially escalate the matter to the Court of Appeal and, depending on certification, the Supreme Court of Kenya.
