Kenya: Gachagua Rejects Sh50mn Award in Impeachment Case Terming It an Insult

Nairobi — Former Deputy President Rigathi Gachagua has dismissed the High Court's Sh50 million award against the Senate as "an insult" and vowed to challenge the ruling at the Court of Appeal.

Speaking a day following the verdict of a three-judge bench on his impeachment, Gachagua insisted that the judgment itself confirmed his impeachment process violated his constitutional rights and should therefore have been nullified.

The Justice Eric Ogola-led bench upheld his impeachment while awarding damages for violation of his right to a fair hearing, a finding Gachagua termed contradictory and one that undermines constitutional supremacy.

"The Sh50 million awarded to me is an insult to my fundamental rights and freedoms and a mockery of the Constitution. We are not interested. Money was never the issue here. Justice and constitutional supremacy was," Gachagua told reporters on Tuesday.

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"If I was interested in money, Mr William Ruto had offered me 2 billion Kenyan shillings in an effort to entice me to avoid impeachment and choose resignation. But I stood for my rights and that of over 7 million Kenyans who voted for me."

Gachagua said he had instructed his legal team, led by Senior Counsel Paul Muite and Senior Counsel Kibe Mungai, to immediately move to the Court of Appeal, arguing that once the High Court found violations of Articles 25, 47 and 50 of the Constitution, the entire impeachment process should have collapsed.

According to him, the finding that he was denied a fair hearing during Senate proceedings rendered all subsequent actions unconstitutional and void.

"We strongly observe that the impeachment process was found faulty for failure to respect my right to a fair hearing. Once that determination was made, the entire process collapsed and was null and void. There was no impeachment," he said.

Contested findings

The High Court on Monday upheld Gachagua's removal from office, finding that both the National Assembly and Senate acted within their constitutional mandate during the impeachment process.

The court also upheld the appointment of Deputy President Kithure Kindiki, ruling that reinstating Gachagua after a successor had already assumed office would create an untenable constitutional situation.

However, the bench found that Gachagua's rights were violated when the Senate declined to adjourn proceedings to allow him to participate after he cited health concerns.

While awarding him Sh50 million in constitutional damages, the court held that the violation was insufficient to invalidate the impeachment.

Gachagua rejected that conclusion, arguing that constitutional rights protected under Article 25 are non-derogable and cannot be violated without legal consequence.

He further maintained that actions founded on unconstitutional processes cannot be salvaged through subsequent judicial interpretation, citing legal precedent.

Beyond the courtroom battle, Gachagua sought to reassure supporters that the ruling does not bar him from contesting the 2027 presidential election.

2027 State House race

He dismissed claims that impeachment automatically disqualifies him from elective office, citing Article 99(3) of the Constitution, which he said protects candidates until all appeal avenues are exhausted.

"I wish to confirm to my supporters across the country that I am eligible to vie as a presidential candidate and I will be on the ballot on August 10, 2027, should the agreed opposition formula favour me as the single presidential candidate," he said.

He also claimed that opponents were pushing narratives about his ineligibility because they fear his potential candidacy.

At the same time, Gachagua announced a strategic shift in his political activities, saying opposition mobilisation efforts against President William Ruto were complete and attention would now turn to selecting a single opposition presidential candidate for the 2027 election.

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He said he would retreat to his Wamunyoro home for 45 days of consultations with political allies, professionals, clergy, opinion leaders and supporters to develop a framework for picking a unified opposition flag bearer.

Gachagua stressed that the opposition cannot afford a divided ticket in 2027 and must rally behind one candidate if it hopes to defeat President Ruto.

He said he remained hopeful of securing the joint opposition ticket but pledged to support any candidate agreed upon through consultations.

"If the formula does not favour me, I and my supporters will support another Kenyan. I remain committed to having one single presidential candidate against President William Ruto," he said.

He maintained that he played a central role in President Ruto's 2022 victory and vowed to mobilise an even larger voting bloc against him in 2027.

"I mobilised four million votes to make William Ruto president. I will mobilise 10 million voters to take him home," he said.