Senate Speaker Amason Kingi/FILE
Senators have warned that the High Court’s ruling in the impeachment case of former Deputy President Rigathi Gachagua risks undermining Parliament’s authority and weakening its constitutional independence, as they backed plans to challenge the decision in the Court of Appeal.
The Senate, through Speaker Amason Kingi, rejected the court’s finding that it denied Gachagua a fair hearing during his impeachment trial and also objected to the order awarding him Sh50 million in damages.
Kingi said the House acted within the law and would appeal, arguing that the court had misdirected itself in assessing the events that led to Gachagua’s removal.
“The Senate, as the impeachment court, had to be satisfied, based on evidence, that the application for adjournment was meritorious and was not merely a tool to frustrate, delay, or altogether stop the impeachment process,” Kingi said.
He maintained that no evidence had been provided to support claims that Gachagua was indisposed during the proceedings, insisting that the House could not halt a constitutional process on unverified assertions.
Majority Leader Aaron Cheruiyot said the ruling left him concerned about institutional authority, arguing that the Senate had followed due process.
“I went to bed a very worried man because I felt my authority and fidelity to the rule of law were being challenged’. All we required was some proof from the hospital. To conclude that the Senate denied the former Deputy President a fair hearing is therefore erroneous,” he said.
Minority Leader Stewart Madzayo also defended the process, saying Gachagua had been given sufficient opportunity to present his case before the House.
“The whole country saw on TV what we gave him all the time during the trial,” he said, adding that the Senate would present its case on appeal.
Senator Boni Khalwale warned that the judgement risked weakening Parliament if left unchallenged.
“There appears to be an attempt to belittle institutions, particularly Parliament. If we allow the Senate to be challenged in this manner, we weaken Parliament,” he said.
Senator Samson Cherarkey echoed similar sentiments, saying the court had respected the impeachment outcome but erred on the fair hearing finding.
“The Senate cannot be punished for proceeding in those circumstances,” he said.
Senator Oburu Odinga questioned the consistency of the ruling, noting that the court upheld the impeachment while awarding damages against the Senate.
“How can the court uphold the impeachment and then impose such a penalty?” he asked.
Senator Okiya Omtatah, however, urged restraint, saying the matter should be viewed as an opportunity to refine impeachment procedures rather than a confrontation with the judiciary.
Others, including Senators Beatrice Ogola, Moses Kajwang, Dnaston Mungatana, Enock Wambua, and Wakili Sigei, defended the Senate’s handling of the trial, arguing that proceedings were fair and that the accused had either been present or properly represented.
The Senate has confirmed it will move to the Court of Appeal, insisting that its actions were consistent with the Constitution and that the judiciary’s interpretation risks constraining Parliament’s independence in future impeachment proceedings.
