Judging the Judgement: Gachagua’s Impeachment Ruling

The High Court had upheld former Deputy President Rigathi Gachagua's impeachment, yet found that his right to a fair hearing had been violated and awarded him KSh 50 million in damages. On Jeff Koinange Live, four of the country's sharpest legal minds took the judgment apart: Nelson Havi SC, Dr Muthomi Thiankolu SC, Prof. Migai Akech and Abdikadir Mohamed SC.

Jeff opened with the reactions flooding social media, including lawyer Donald Kipkorir's comparison to a village tribunal that finds your neighbour stole your cow but gives you a goat instead. One of the senior counsels pointed out that it is not even the court's money to give: the KSh 50 million comes from taxpayers.

Havi was scathing: "This is the lowest we've ever gone," he said, placing the ruling alongside other recent decisions he believes have damaged confidence in the courts. Jeff also read out former Justice Minister Martha Karua's response, that "damages cannot be a substitute to the right to fair hearing."

Not everyone on the bench disagreed for the same reasons. One senior counsel argued the court should never have entered the matter at all. Impeachment, he said, is a political process set out in the Constitution, there is no fundamental right to be deputy president, and the views on the ruling split almost exactly along political lines.

Others took the opposite view. Political rights, including the right to stand for office, are fundamental, one panellist argued, and where a right is violated, the law demands a real remedy. Telling Gachagua his rights were breached and handing him KSh 50 million, he said, is an insult rather than justice.

It was a masterclass in how differently the same Constitution can be read, and a sign that the legal fight over the impeachment is far from over.

Continue with Part 2 on Citizen TV.