Oburu Odinga has criticized the High Court ruling that awarded former Deputy President Rigathi Gachagua KSh 50 million in constitutional damages, arguing that the judgment is contradictory.
Speaking in the Senate, Oburu expressed surprise that the court upheld Gachagua’s impeachment as constitutional while simultaneously ordering the Senate to compensate him for violations of his right to a fair hearing.
“Mister Speaker, sir, I’m equally surprised with the court decision to impose a fine of 50 million shillings on the Senate, when, on the other hand, the same court is saying the Senate was right and the Senate rightly impeached according to the Constitution,” he said.
The senator maintained that the Senate acted within its constitutional mandate and followed due process throughout the impeachment proceedings.
“We followed the Constitution, and we impeached him according to the Constitution,” Oburu stated.
He also defended the Senate’s handling of requests for adjournment during the proceedings, arguing that lawmakers were unaware of Gachagua’s whereabouts at the time.
According to Oburu, even Gachagua’s legal team had indicated they did not know where their client was during part of the proceedings, making it difficult for senators to act on information they did not possess.
“When we were here, all of us were here when the lawyer himself told us that he did not know where his client was. Now, if he didn’t know, then how could we know? We did not know where he was,” he said.
Oburu further dismissed claims that Gachagua’s hospitalization should have influenced the proceedings, describing the information as something presented later and therefore not available to senators when they made their decisions.
“We did not know, so whatever was brought later on that he was in hospital was an afterthought, and that afterthought cannot be used to impose a fine on us when we acted constitutionally,” he argued.
The veteran legislator urged the Senate leadership to challenge the judgment at the appellate level, saying the institution should not be compelled to pay the award.
“I urge you to appeal, Mister Speaker. Ensure that the Senate does not pay this 50 million,” he said.
“Where do we get 50 million when we are struggling? We are poor,” he added.
The remarks come after the High Court upheld Gachagua’s impeachment and the appointment of Kithure Kindiki as Deputy President, but found that aspects of the impeachment process violated Gachagua’s constitutional right to a fair hearing and awarded him KSh 50 million in damages.
The Senate has since indicated it intends to appeal the judgment, setting the stage for a fresh legal battle at the Court of Appeal over the interpretation of due process rights during impeachment proceedings.
