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.
Lessons for the Kenyan Judiciary and Advocates: Christopher Okello was accused of stabbing four children to death on 2nd April 2026 in Ggaba, Kampala. His murder trial began on 13th April 2026 in a mobile court near the crime scene. On 31st April 2026, the trial was concluded and he was sentenced to death. 18 days of an elaborate, fair trial. In Kenya, murder trials take an average of 6 years. These inordinate delays should stop.
I knew governors were thieves, but I didn’t know it was this bad.
A governor can actually employ 700 goons paid by the county? Wanga is out here putting up an 800M county building like it’s pocket change. Buying semen? Mailod.
At this point, if all these governors are not jailed, then we are not serious about fighting corruption.
Fuel shortage in Kenya Petrol Stations is artificially created by greedy & nefarious oil traders that want to benefit from US/Israel/Iran war. No other country has fuel shortage. Unless we buy our fuel on retail every week from the Gulf! Ideally, we should have over 6 MONTHS worth of fuel supply in stock. EPRA must for once exercise its regulatory powers & revoke the licenses of predatory oil traders!
Hello good people. I plan to #TukoKadi to all parts of the country.
So I know many people didn’t get the chance to join us tomorrow.
But be ready our next location is still Nairobi and that means tuko na shugli inahitaji mbogi Tena.
Kama you didn’t get a chance, please be ready with your ID card.
Next week tuko ground tunazoza. Remember, you can register to vote anywhere and vote anywhere.