Breaking News: High Court Upholds Gachagua's Impeachment

[00:00:00]Arising from all that we have said, these are the orders that we make. One, the prayer seeking to quash the resolution of the Senate to impeach His Excellency Gachagua is hereby declined.

[00:00:14]Two, a declaratory order is hereby issued that His Excellency Gachagua's fair trial rights were infringed when the Senate declined to allow an adjournment in the impeachment proceedings despite his absence. Three, a declaratory order is hereby issued affirming the constitutional necessity for Parliament to enact a dedicated statutory framework governing the impeachment of the of Deputy President under Article 150 of the Constitution.

[00:00:48]Four, the court makes no findings on pension and emoluments.

[00:00:54]The first petitioner is at liberty to pursue the matter before an appropriate forum.

[00:01:01]Five, 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.

[00:01:22]Five Six, parties shall bear their own costs given the public nature of these proceedings.

[00:01:32]And lastly, for the avoidance of doubt, any prayer not expressly allowed herein is accordingly disallowed.

[00:01:42]Before we take leave of this matter, we wish to record our appreciation to all counsel who appeared in these proceedings and all parties for their industry, diligence, and the quality of their submissions.

[00:01:57]Your collective effort has contributed to the development of constitutional jurisprudence on this subject. We also extend our gratitude to the judiciary staff who worked tirelessly to support the bench in ensuring that this decision the first of its kind under the constitution 2010 was rendered in time. Thank you very much.