Gachagua judgement: Senate to appeal High Court's ruling on Ksh.50M compensation

Senate Speaker Amason Kingi says the High Court finding on violation of Gachagua’s right to a fair trial is erroneous and will be one of the grounds of its appeal.

In debate in the House on Tuesday afternoon, the lawmakers argued that the Judiciary should not interfere with the Senate’s constitutional mandate to conduct impeachment trials. Melita Oletenges reports.

“No court in the circumstances the Senate found itself in, with an adjournment and devoid of any evidence, would have given grounds why a trial would not proceed,” said Senate Speaker Amason Kingi.

Senators have accused the court of overstepping its mandate and attempting to second-guess the Senate’s handling of one of the country’s most consequential impeachment proceedings.

Bonny Khalwale, Senator for Kakamega, said, “There is an attempt in this country for certain people, irrespective of their status, to belittle other institutions in government.”

Moses Kajwang, Senator for Homa Bay, added, “A jury does not have to justify the decisions that it made; it should not try to justify the decision that it made.”

Danson Mungatana, Senator for Tana River, said, “The judges were totally wrong on this one. They must be told that even if an accused person runs away from their court, the proceedings continue.”

Senators maintained that Gachagua’s whereabouts remained unknown on the afternoon of the trial, with some noting that even his legal team could not account for his absence.

“All of us were here when the lawyer himself said that he does not know where the client was," Oburu Oginga, Senator for Siaya, said.

However, some lawmakers have questioned the logic behind a ruling that faults the process while simultaneously upholding the outcome of the impeachment.

Enock Wambua, Senator for Kitui, said, “I fail to understand how a process that the courts claim to have been flawed can produce a legitimate outcome.”

The ruling has reignited the debate on the limits of judicial boundaries and the independence of Parliament in carrying out its constitutional functions.