The Gachagua case will ultimately find its constitutional moment at the Supreme Court. As an individual, however, Gachagua has already secured a significant victory, with the High Court acknowledging a violation of his right to a fair hearing.
@JaphethOtieno01 The real test is whether the judgment can withstand constitutional scrutiny. If an absolute right was violated, can the outcome still be constitutionally justified? Interesting times ahead
If Article 25(c) makes the right to a fair trial absolute, how can the court acknowledge its violation and still uphold the impeachment? That contradiction risks undermining the supremacy of the Constitution.
@Kenyajudiciary are you with us?
@LinusKaikai If the right to a fair trial is non-derogable under Article 25(c), how can its violation be acknowledged while the impeachment still stands? That contradiction weakens the authority of the Constitution itself.
If the Constitution treats the right to a fair trial as inviolable, then a finding that this right was breached should invalidate the impeachment process. Upholding the impeachment despite recognising that breach appears contradictory and undermines constitutional supremacy.
Bottom line, this is a win for Rigathi Gachagua but a loss for the Constitution. Acknowledging that the right to a fair hearing was violated while simultaneously upholding the impeachment sets a troubling precedent, suggesting that both can exist concurrently.
@Michael_mtall Exactly, Gachagua's will be eligible to vie or hold public office after court of appeal. They just avoided a two deputy presidents crisis
Their demands were always likely to lead to this kind of ruling, as he had no intention of returning as Deputy President, especially given the potential chaos of having two individuals claiming the position.
With the High Court acknowledging that his right to a fair hearing may have been infringed, Gachagua's legal team can now challenge any attempts to bar him from vying for or holding public office.
You have KSh 5,000 for a weekend. What are you choosing? π
A. Invest it π
B. Save it π°
C. Road trip in a Nganya ππ₯
D. Eat out and enjoy life π
No wrong answers... just choices. π π
#NganyaCulture enterprise road detat
What's the biggest sign someone is truly wealthy?
A. Multiple investments π°
B. A strong social network π€
C. A balanced lifestyle π΄
D. Something else entirely
Drop your answer and explain why. ππ₯
EPRA announces an increase in the price of Super Petrol by Sh16.55 to retail at Sh214.25 in Nairobi, while Diesel rises by Sh46.29 to Sh242.92; kerosene remains unchanged.