NAIROBI, Kenya, Jun 8 — The High Court on Monday upheld the impeachment of former Deputy President Rigathi Gachagua, affirming the constitutional finality of the process while faulting the Senate for failing to adjourn proceedings to allow him to participate on health grounds.In a landmark judgment delivered by a three-judge bench comprising Justice Eric Ogola, Justice Anthony Mrima and Justice Freidah Mugambi, the court rejected multiple challenges mounted against the impeachment process, ruling that National Assembly and the Senate acted within their constitutional mandates in removing Gachagua from office.The judges dismissed claims that the court lacked jurisdiction to hear matters arising from the impeachment, affirming that the judiciary retains the authority to review constitutional questions and determine whether constitutional limits were observed during such proceedings.The bench also rejected allegations of bias and found unsubstantiated claims that prior political positions or public statements compromised the court’s impartiality.On public participation, the court upheld the “reasonableness standard”, ruling that constitutional requirements had been met and dismissing arguments that the threshold for public involvement had not been satisfied.The judges further ruled that the election of Prof. Kithure Kindiki as Deputy President under Article 149(1) of the Constitution did not require public participation, thereby affirming the legality of his appointment to the office.The court also dismissed assertions of conflict of interest in Kindiki’s elevation, finding that he had resigned as Cabinet Secretary for Interior before assuming the position of Deputy President.In its analysis of the impeachment process, the bench held that presidential and gubernatorial removal mechanisms are fundamentally different constitutional processes. The judges ruled that the removal of a President or Deputy President carries a measure of “constitutional finality” that distinguishes it from county-level impeachment proceedings.The court further declared that Gachagua’s impeachment constituted a fair trial, citing the time allocated to him to prepare and respond to the charges and finding that the Senate could not simply abandon proceedings once they had been constitutionally initiated.However, the judges faulted the Senate’s refusal to adjourn proceedings after Gachagua sought additional time to appear, citing health concerns. They held that the failure to grant the request infringed on his right to a fair hearing, even though it did not invalidate the impeachment outcome.As a result, the court awarded Gachagua Sh50 million in damages against the Senate for the violation of his rights.The judges, however, declined to grant additional remedies sought by the former Deputy President, including restoration of benefits, privileges and other perks associated with the office.More to follow…