In a ruling delivered on Monday, a three-judge bench comprising Justice Eric Ogola, Justice Anthony Mrima, and Justice Dr. Freda Mugambi held that while Gachagua’s impeachment remains valid, key aspects of the process fell short of constitutional standards of fairness.

The court found that senators infringed on Gachagua’s fair hearing rights when they declined to grant an adjournment despite his absence from the proceedings, thereby proceeding with hearings in a manner that violated due process protections.

The judges said the award of Ksh 50 million was both compensatory and constitutional in nature, aimed at vindicating the Constitution, restoring the dignity of the affected party, and deterring future violations by state organs.

“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,” the bench stated.

The court further emphasised that Parliament must establish a clear statutory framework governing the impeachment of a Deputy President under Article 150 of the Constitution, noting that procedural clarity is essential to safeguard constitutional protections.

On issues relating to pension and emoluments, the court made no determination, stating that Gachagua is free to pursue the matter before the appropriate forum.

Gachagua’s legal team said they would challenge the ruling at the Court of Appeal, arguing that the court’s finding of a fair hearing violation raised unresolved constitutional contradictions in the impeachment decision.