Kericho Senator Aaron Cheruiyot has announced that the Senate will appeal the High Court ruling that former Deputy President Rigathi Gachagua was denied a fair trial during his impeachment. 

In a statement on Tuesday, June 9, Cheruiyot argued that the Senate allowed Gachagua to be heard both orally and through written submissions.

The Senate Majority Leader claimed that Gachagua resorted to delay tactics during the proceedings, prompting the Senate to proceed with the impeachment motion. 

“As Senate, we shall definitely appeal the High Court’s finding on fair trial. We accorded Gachagua the opportunity to be heard orally and via his filed submissions. 

“He chose, as most impeached persons do when they appear before the Senate, to deploy delay tactics. We said no,” said Cheruiyot. 

On Monday, June 8, the High Court ruled that the Senate infringed on Gachagua’s right to a fair trial by proceeding with the impeachment motion in his absence after he was taken ill.

Justices Eric Ogola, Anthony Mrima and Freda Mugambi ordered the Senate to pay the former Deputy President Ksh50 million in damages for the violation. 

“The Court awards constitutional damages of Ksh 50 million to His Excellency Rigathi Gachagua payable by the Senate to vindicate the constitution, restore the dignity of the affected party and deter future violations,” Justice Ogola stated. 

The three-judge bench explained that when the Senate chose to handle the matter by physical presentations and cross-examination of witnesses, using Gachagua’s written responses to claim that he was afforded the right to reply was wrong.

“We find that Gachagua’s rights were infringed when the Senate declined to allow an adjournment. This violation constitutes both a vindication of his rights and a recognition of the constitutional infirmity, but does not undo the impeachment itself,” stated Justice Ogol. 

However, the High Court upheld the impeachment of the former Deputy President by the Senate. 

“The prayer seeking to quash the resolution of the Senate to impeach His Excellency Gachagua is hereby declined,” Justice Ogola added. 

Meanwhile, Kirinyaga Woman Representative Njeri Maina has said she would not recommend Gachagua to take the Ksh50 million awarded to him by the court. 

Speaking on Monday, June 8 night, Maina said the petition was never about money but about seeking justice for the former Deputy President.

“I would not recommend Gachagua to take the 50 million. And I am certain, I know Gachagua very well; he would not take that. We did not come to court to get awarded monies; we came here for justice and to defend the rule of law,” Maina stated.