Former Deputy President and DCP leader Rigathi Gachagua /FILE
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The Speaker and the Senate of Kenya have lodged an appeal
against a judgment that awarded former Deputy President Rigathi Gachagua Sh50
million in damages.
The High Court had declared that Gachagua's rights to a fair hearing were infringed during the impeachment proceedings against him.
During his trial before the House, Gachagua allegedly fell ill and requested a brief pause in proceedings, but the Senate refused to grant an adjournment and voted to remove him from office.
In his petition, he contended that his constitutional rights were violated when the legislature moved forward without providing a fair hearing.
Seeking legal redress, the reliefs sought by the petitioner included a declaration that the impeachment process was unconstitutional, an order reinstating him to office and an order granting "constitutional damages" for the violation of his rights.
The respondent's argument maintained that Parliament acted within its constitutional mandate, asserting "the Senate was under a constitutional obligation to conclude proceedings once they had been initiated" and that the court lacked jurisdiction to disturb final impeachment determinations.
Senate, in its memorandum of appeal, argues it exercised its discretion “with respect to the request for adjournment in accordance with the law" and held that Gachagua had been afforded “a reasonable opportunity to attend and be heard, including additional time granted at the request of his advocates".
The appellants further assert that the High Court improperly usurped the Senate's authority by overriding the House's quasi-judicial discretion to grant or deny procedural adjournments, despite the absence of supporting medical evidence presented during the proceedings.
The appeal seeks to set aside 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 declining to grant him an adjournment during the impeachment proceedings" and the award of "constitutional damages of Sh50,000,000 against the second appellant."
The appeal names the Deputy President as the first respondent, alongside 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.
Multiple interested parties, including the Law Society of Kenya and the Katiba Institute, are also party to the proceedings.
The appeal is set to be heard by the Court of Appeal, which will determine whether the High Court properly interpreted the constitutional rights to fair hearing under Articles 47 and 50.
