In their landmark ruling on the case challenging the removal from office by way of impeachment, the high court held that the former deputy president Rigathi Gachagua was legally removed from office by impeachment.
On the matter of public participation, the High court held that there was no requirement by the Senate to conduct an independent public participation therefore dismissing the claims by Gachagua and his legal team that there was no public participation by the Senate to remove him from office by impeachment.
On the matter of fair hearing, the court held that Gachagua was not given fair hearing after his case proceeded in his absence raising questions of fair hearing in the determination of his impeachment.
The high court also awarded Rigathi Gachagua a sum of Ks 50million shillings as damages for unfair hearing during his impeachment proceedings at the Senate.
Gachagua had argued that despite him feeling unwell and being admitted at Karen hospital, the Senate went ahead with the proceedings of his removal from office and he felt that he was not given fair hearing of his impeachment case.
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