Speaker and the Senate of Kenya have formally appealed a judgment that awarded former Deputy President Rigathi Gachagua Sh50 million in damages.
The High Court previously ruled that Gachagua’s right to a fair hearing was violated during his impeachment proceedings.
During his trial in the House, Gachagua reportedly experienced health issues and requested a brief recess, which the Senate denied before voting to remove him from office.
In his petition, Gachagua argued that his constitutional rights were compromised when the legislature proceeded without ensuring a fair hearing.
In pursuit of legal recourse, Gachagua sought several forms of relief, including a declaration that the impeachment process was unconstitutional, an order for his reinstatement, and an order for “constitutional damages” due to the infringement of his rights.
The respondent’s position asserts that Parliament acted within its constitutional framework, emphasizing that “the Senate had a constitutional obligation to conclude proceedings once they were initiated,” and contending that the court lacked jurisdiction to interfere with final impeachment decisions.
In its memorandum of appeal, the Senate argues that it exercised its discretion regarding the adjournment request “in accordance with the law” and maintains that Gachagua received “a reasonable opportunity to attend and be heard, including additional time granted at the request of his advocates.”
The appellants further contend that the High Court overstepped its authority by undermining the Senate’s quasi-judicial discretion in granting or denying procedural adjournments, particularly in light of the absence of supporting medical evidence during the proceedings.
The appeal aims to overturn the declaration that “the rights of the first respondent to a fair hearing under Articles 47 and 50 of the constitution were infringed by the second appellant’s refusal to grant him an adjournment during the impeachment proceedings,” as well as the award of “constitutional damages of Sh50,000,000 against the second appellant.”
The appeal names the Deputy President as the first respondent, along with 80 other respondents, including the Chief Justice, the Attorney General, various political parties, the Ethics and Anti-Corruption Commission, and the Inspector General of the National Police Service.
Several interested parties, including the Law Society of Kenya and the Katiba Institute, are also involved in the proceedings.
The Court of Appeal is scheduled to hear the appeal, which will assess whether the High Court accurately interpreted the constitutional rights to a fair hearing as outlined in Articles 47 and 50.
