Politics
Gachagua Rejects Sh50 Million Court Compensation, Calls It An Insult
“Money was never the issue here; justice and constitutional supremacy was,” he said.
Former Deputy President Rigathi Gachagua has dismissed the Sh50 million compensation awarded to him by the High Court following his impeachment case.
Speaking at a press conference, Gachagua said the amount as an insult to his constitutional rights and freedoms.
He said the award failed to reflect the gravity of the violations he suffered during the impeachment process.
“The Sh50 million awarded to me is an insult to my fundamental rights and freedoms and a mockery of the Constitution,” Gachagua said.
The former Deputy President insisted that his court battle had never been about financial compensation but rather the protection of the Constitution and the rule of law.
“Money was never the issue here; justice and constitutional supremacy was,” he said.
Gachagua maintained that he could not be persuaded by monetary awards to overlook what he termed violations of constitutional principles.
“I am one Kenyan leader who will not and cannot be swayed by promises of money to allow violation of the Constitution. I stand as a matter of principle to protect constitutional rights and to defend the Constitution,” he said.
“This is an oath that I swore and Kenyans know me for that. No offer, no amount of money can stand between me, my rights and the rights of the citizens of Kenya under the Constitution.”
His remarks came after a three-judge bench of the High Court awarded him Sh50 million in damages after finding that his constitutional right to a fair hearing had been violated during the Senate proceedings that culminated in his impeachment from office.
The bench, comprising Justices Eric Ogola, Freda Mugambi and Anthony Mrima, ruled that the Senate erred when it declined to adjourn proceedings despite Gachagua’s request for additional time on medical grounds.
According to the judges, the refusal denied him a reasonable opportunity to fully participate in the proceedings and amounted to a violation of his right to a fair hearing as guaranteed under the Constitution.
However, while finding that Gachagua’s rights had been infringed, the court upheld the impeachment itself, concluding that Parliament had acted within its constitutional mandate in removing him from office.
The judges found that the National Assembly had conducted adequate public participation and that the impeachment process substantially complied with constitutional and legal requirements.
As a result, the court declined to overturn the Senate’s decision, meaning Gachagua remains impeached despite the award of damages.
The ruling delivered a mixed verdict for the former Deputy President.
On one hand, it vindicated his argument that aspects of the impeachment proceedings violated his constitutional rights
On the other hand, it affirmed Parliament’s decision to remove him from office, closing the door on efforts to reverse the impeachment through the courts.
Kenya Insights allows guest blogging, if you want to be published on Kenya’s most authoritative and accurate blog, have an expose, news TIPS, story angles, human interest stories, drop us an email on [email protected] or via Telegram
-
Investigations5 days agoCement, Cash and Courts: How the Hashu Dynasty Crushed the Ramji Brothers for Fourteen Years and Why the Walls Are Now Closing In
-
Investigations4 days agoInside The Urban Planning Cartel That Owns Nairobi
-
Investigations1 week agoBetika Faces DCI Probe, Directors Arrest and License Revocation Over Massive 29.5 Million Safaricom Customers’ Data Breach
-
Investigations5 days agoFresh Move Launched to Remove Kenya Railways MD Mainga From Office After Awarding Sh817 Million Consultancy Contract
-
News2 weeks agoEight Students Arrested In Kenya After Suspected Deadly School Arson Attack
-
News1 week agoHow Uhuru’s Deal With Obama In 2015 Paved Way For America’s Ebola Plan In Kenya
-
Investigations2 weeks agoThe Invisible Hand: Al Jazeera Further Exposes How Safaricom Became The Regime’s Most Powerful Spy
-
Business6 days agoTRUST BETRAYED: How Senior DTB Bank Insiders Allegedly Looted Sh149 Million From a Customer’s Account Over Five Years
