Former Deputy President Rigathi Gachagua suffered a major legal setback on Monday after the High Court upheld his impeachment, ending his hopes of returning to office through the courts.
However, the judges also handed Gachagua a significant victory after finding that his constitutional rights were violated during the Senate proceedings that led to his removal from office.
The three-judge bench ruled that the Senate should have granted Gachagua’s request for an adjournment after he was admitted to hospital, declaring that his right to a fair hearing had been infringed.
While the court awarded him KSh50 million in damages, it declined to overturn the impeachment, meaning Deputy President Kithure Kindiki remains lawfully in office.
The judgment immediately sparked reactions from both supporters and critics of the former Deputy President.
Kirinyaga Woman Representative Jane Njeri Maina, one of Gachagua’s closest allies, said the ruling had vindicated their long-held position that the impeachment process was unfair.
“It is not about the money; it is about the integrity of the Constitution. It is about the integrity of the processes that are undertaken by our institutions that are governed by law ” she said.
According to Maina, the most important finding was the court’s declaration that Gachagua’s rights had been violated.
“I would not recommend Gachagua to take the 50 million. I know Gachagua very well; he would not take that,” she said.
Deputy President Kithure Kindiki also welcomed the ruling, saying it had reaffirmed the Constitution and validated the process that led to his appointment as Deputy President.
State House digital strategist Dennis Itumbi was among Kenya Kwanza leaders who celebrated the judgment, noting that the court had upheld the impeachment and dismissed attempts to reverse the Senate’s decision.
The court also affirmed that Kindiki’s nomination and approval as Deputy President were constitutional, effectively settling one of the biggest legal questions that emerged after Gachagua’s dramatic fallout with President Ruto.
His allies are already portraying the verdict as proof that he was unfairly targeted, while his opponents maintain that the most important outcome is that the court upheld the Senate’s decision to remove him from office.