Senate, Speaker Kingi appeal Court ruling awarding Gachagua Sh50m in constitutional damages over impeachment

The Senate has filed an appeal with the Court of Appeal to challenge a High Court decision that awarded former Deputy President Rigathi Gachagua Sh50 million in constitutional damages following his impeachment. The appeal was led by the Senate Speaker Amason Kingi and the Senate itself, contesting a June 8 judgment handed down by a three-judge panel consisting of Justices Eric Ogola, Dr. Fridah Mugambi, and Anthony Mrima.

The High Court ruled that Gachagua's right to a fair hearing was breached due to the Senate's refusal to grant him an adjournment during the impeachment process. The Senate asserts in its appeal that the High Court made errors in both law and fact when it determined that Gachagua was denied a fair hearing. They argue that they exercised lawful discretion and provided Gachagua with a fair opportunity to defend himself, including extra time sought by his legal team.

The appellants maintain that the High Court overstepped its bounds by substituting its judgment for that of the Senate when deciding whether to grant the adjournment. Additionally, the Senate contends that there was insufficient evidence of Gachagua's alleged illness, which he cited for his absence from the proceedings. They also argue that the Senate should not be held accountable for proceeding without him, despite giving Gachagua a reasonable chance to attend and present his case.

The Senate seeks the Court of Appeal to reverse the High Court's declaration of a fair hearing violation and to cancel the Sh50 million constitutional damages award. The Deputy President, along with other parties, is listed as a respondent, alongside the Law Society of Kenya and the Ethics and Anti-Corruption Commission as interested parties in the appeal.