The Leader of the majority in the Senate, Aaron Cheruiyot, has announced that the Senate will appeal the High Court decision that former Deputy President Rigathi Gachagua was denied a fair hearing during his impeachment proceedings.
In a statement on Tuesday, June 9, Senator Cheruiyot defended the Senate’s handling of the impeachment process, insisting that Gachagua was accorded sufficient opportunity to present his case both orally and in writing.
The Kericho Senator argued that Gachagua opted to employ delay tactics during the proceedings, a move he said the Senate declined to entertain.
“As the Senate, we shall definitely appeal the High Court’s finding on a fair trial. We accorded Gachagua the opportunity to be heard orally and via his filed submissions.
“He chose, as most impeached persons do when they appear before the Senate, to deploy delay tactics. We said no,” Cheruiyot said.
Cheruiyot’s remarks come a day after the High Court ruled that aspects of the process violated constitutional requirements relating to fair administrative action and the right to a fair hearing.
In the ruling delivered on Monday, a three-judge bench comprising Justice Eric Ogola, Justice Anthony Mrima, and Justice Dr. Freda Mugambi said that Gachagua’s fair trial rights were infringed when the Senate declined to grant an adjournment despite his absence from the proceedings.
“We find that Gachagua’s rights were infringed when the Senate declined to allow an adjournment,” Justice Ogola stated.
The High Court judges awarded Gachagua KSh50 million in constitutional damages to be paid by the Senate.
“The court awards constitutional damages of Kenya Shillings 50 million to His Excellency Gachagua payable by the Senate to vindicate the Constitution, restore the dignity of the affected party, and deter future violations,” the ruling added.
