Yesterday's High Court judgment on the impeachment of H.E. Rigathi Gachagua raises serious and legitimate questions that our constitutional jurisprudence must grapple with honestly. The three-judge bench found that the Senate violated the former Deputy President's right to a fair hearing under Article 50 of the Constitution specifically by declining to grant an adjournment when he was unable to attend the proceedings. The court acknowledged that violation, issued a declaratory order and awarded Ksh.50 million in constitutional damages. Yet the bench ultimately upheld the impeachment itself. I respect the court and the constitutional role it plays. But I believe this outcome calls for serious reflection on the coherence of our remedial framework.
The tension in the judgment lies in this, if the Senate's refusal to adjourn was a constitutional infirmity serious enough to warrant a finding of violation and a Ksh.50 million award, then the question that naturally follows is whether that infirmity was capable of tainting the entire removal process. The right to a fair hearing is not procedural decoration. It is a substantive constitutional guarantee, particularly in proceedings that result in the removal of a person from high public office. Courts must therefore grapple carefully with what it means to vindicate a right while simultaneously affirming the outcome that flowed from its violation. It is a difficult balance and I appreciate that the bench was navigating complicated constitutional terrain.
It is instructive to recall the reasoning of the Supreme Court in the landmark 2017 presidential election petition delivered by the then Chief Justice David Maraga. The court, in a 4-2 majority, nullified the presidential election not on the basis that the outcome was necessarily wrong but on the basis that the process through which it was arrived at did not conform to the Constitution and the law. The court found that irregularities and illegalities in the transmission of results had compromised the integrity of the election and that the constitutional standard required more than a plausible result, it required a process that was itself constitutionally compliant. That principle that a flawed process cannot produce a constitutionally valid outcome remains a pillar of our public law.
When we place that 2017 reasoning alongside yesterday's judgment, a legitimate concern emerges. Both cases involved constitutional violations in the course of a high-stakes removal or electoral process. In 2017, the violation of constitutional standards was sufficient to nullify the result entirely. Yesterday, a violation of the right to a fair hearing was found, remedied in damages but the result was preserved. These are not necessarily irreconcilable positions, courts do have discretion in fashioning remedies but the distinction must be clearly reasoned and transparently justified because the precedent being set will govern how future impeachments are conducted and how future courts respond to violations within those processes.
My concern is about the precedent this decision may establish. If a constitutional violation during impeachment proceedings can be remedied by damages without disturbing the outcome, future Parliaments and Senates may not feel the full weight of their constitutional obligations when handling removal proceedings. The court itself noted the urgent need for Parliament to enact a dedicated statutory framework under Article 150 governing the removal of a Deputy President which is a legislative gap that should never have existed this long. That recommendation must not be ignored. A constitutional democracy is built on the integrity of its processes not merely its outcomes. We must ensure that the right to a fair hearing in Kenya remains substantive and not merely symbolic.
@HonOscarSudi Huyu ndiye real Sudi. Mwenye ako behind the handle is a blogger. Yani, mzazi alikusomesha ukuje online kukuwa unatusi watu on behalf of an illiterate? What a shame! Enyewe must go, must go
https://t.co/mfTq5L0GJW
Old School Bongo lovers, we are setttttt and ready to party.
Come letโs have proper fun this Friday hapo La Baita, Upperhill. Good music, good vibes, and all your favorite old school Bongo hits. ๐บ๐
Today one year ago.
On Ngong Road round about seeking Justice For Albert Ojwang.
We fought hard until they allowed us to see his body.
That's when we knew the hitting on the wall narrative was a lie.
He was beaten to death.
Remember To Remember โ
It was good that the entire judgment was read word for word and broadcasted live for ten hours to the entire Kenyan public. How else would you have understood the problems we keep pointing out daily about incompetence, misconduct and misbehavior by a Judges?
This is Alex Lorogoi narrating how they chased after Brian Odhiambo before abducting him at the Lake Nakuru National Park.
#JusticeForBrianOdhiambo#EndAbductionsKe
Death in Custody. Again!
34 years old Samuel Mutuku was arrested on 1st June 2026 around 0200hrs on allegations of assaulting another person by striking him with a stone.
He was arrested and taken to Kisayani Police Post in Kibwezi sub county. Police claim that around 2100hrs of the same day, he committed suicide.
Samuel Mutuku was married with 3 children. VOCAL Africa is working with @IPOA_KE to follow up on the matter.
I HAVE REPOSTED THIS.
This beautiful girl vanished yesterday around 9:30 AM around TASSIA. Next to Summit Hospital,
Kindly, if you hear any info about her or a lost 4 year old girl in a Grey sweat pant
Call: 0722137283
0728975614.
The least you can do is simply SHARE
Today we did Postmorterm of my late bro to find the cause of death. The pathologist told us that it is "Heart Attack"
My bro has never had any case of Common warning signs of a heart attack..
The Burial plan is underway.
WAKENYA, I Kindly ask for your support
@Gaddafess From 30% to less than 10%. Some lesions that were around the main tumor also disappeared. Her general health improved massively as well. Her liver and thyroid readings normalised
@Gaddafess She got rid of plastic use in the kitchen. No seed oils. Olive and coconut oil only. Boiled fish everyday. With brown ugali and cabbage. No wheat, no rice. Zero processed food. Water fast every month. Minimum 72 hours. Morning walks in the sun barefoot
@Gaddafess My mom was diagnosed with triple negative breast cancer last year July. She opted for a complete lifestyle change awaiting treatment. This included Ivermectin and Fenbendazole etc. Histology report post surgery showed lymph node involvement had reduced drastically, ki 67 dropped
Then in 2016, Estama company imported 100 containers and called them mobile clinics.
Painted them so well.
The company bought each at KSH 1.2 Million and sold to the Ministry of Health at KSH 10 million each, making a profit of Ksh 9 million per container.
The crooks were paid KSH 1 billion from the government and dumped the containers in Mombasa and Nairobi, and vanished.
Nobody has been convicted.
The heist just died silently.
We have gone through a lot.
The destruction of Kenya started during Dictator Moi's rulership.
-the IMF and world bank pushed for privatization.
The Parastatal Reform Programme Committee was set up and oversaw the privatisation of;
Webuye Pan paper.
Kenya Airways.
National Bank.
CMC holdings.
-the Kenyan shilling was immensely devalued.
We were pushed into a mandatory Structural Adjustment Programs (SAPs) mandated by international lenders like the IMF and World Bank.
Throughout the 1970s, the Kenyan shilling was pegged to the US Dollar and later the IMFโs Special Drawing Rights (SDR) at around 7.14 KES per US Dollar.
By late 1981, periodic, controlled devaluations were initiated out of 700 19th Street NW, Washington, D.C. 20431.
-Kenya's agricultural sector was immediately impacted.
We became and extraction land for agricultural raw material, no end product processing.
Coffee and Tea have never recovered since 1981.
Mwai Kibaki's 2030 millenium development goals were indeed a globalist ploy.
-David Ricardo's fiscal policies were adopted.
-Kenya became a trickle down economy.
-corporates and CEOs got richer.
-workers and consumers were exploited.
-eugenicist ideologies of family planning and abortion became a thing.
Kenya's decline was accelerated between 2013 and 2022.
Uhuru Kenyatta and his family, remains the globalists choice puppets.
The Brenton Woods Economic model took centre stage.
-the destruction of the 8-4-4 education system, which gave Kenyans an edge across the world was initiated.
-the bungling of healthcare.
-massive odious debt.
-over-taxation on incomes and business.
-currency devaluation.
-inflation.
-agricultural sector collapse.
Diary farming, horticulture, floriculture, tea and coffee growing were taken over by elites and agricultural multi-nationals.
-over regulated economy especially on SMEs.
Dictator Wicked Ruto is only finishing what they started in 2013, burrying Kenya in the same pit as the Congo, Somalia, Libya, Myanmar, Nigeria, Colombia, Argentina... the failed states association.
UhuRuto tenure coincided with another critical moment in the destruction of middle income nations across Africa, Asia and South America; the CIA puppetry PRESIDENCIES OF BARACK OBAMA and Joseph Robinette Biden Jr.
Libya went out, Kenya was stage managed into decline by Hilary Clinton, Susan Rice, Antony Blinken, Jake Sullivan and Meg Whitman.
Egypt and Tunisia briefly collapsed to CIA undoings, Angola, South Africa, Nigeria, Ghana...the list is endless.
On 29 June, 2015, Obama signed the AGOA Extension Act, extending the exploitative African Growth and Opportunity Act by 10 years.
Yes, we allowed puppets to destroy our livelihoods, heneration after genetion.