Ksh.50M is an insult, Ruto had offered me Ksh.2B’, Gachagua said

Democracy for the Citizens Party (DCP) leader Rigathi Gachagua rejected the Ksh.50 million compensation awarded to him by the High Court, terming it an insult to his fundamental rights and freedoms.

On Monday, June 8, a three-judge bench comprising Justices Eric Ogolla, Anthony Mrima and Fridah Mugambi upheld Gachagua’s impeachment as Deputy President but awarded him Ksh.50 million in constitutional damages after finding that his right to a fair hearing had been violated during the Senate proceedings. The court found that the Senate infringed on his rights by declining to adjourn the impeachment hearing despite his request for more time on health grounds. However, the judges ruled that the violation did not invalidate the impeachment process itself.

Speaking during a press conference on Tuesday, June 9, the former Deputy President said his pursuit of justice had never been about money but about defending the Constitution and the rights of Kenyans.

“The Ksh.50 million awarded to me is an insult to my fundamental rights and freedoms and a mockery of the Constitution. we are not interested. Money was not the issue; justice and constitutional supremacy was. I am a leader who cannot be swayed by promises of money to allow violation of the Constitution,” he stated.

“If I were interested in money, Mr Ruto had offered me Ksh.2 billion in an effort to entice me to avoid impeachment and opt for resignation. But i stood for my rights and that of over 7 million Kenyans who voted for me. I rejected this offer and faced the National Assembly.”

“No amount of money can stand between me, my rights and Kenyans.”

Gachagua questioned the decision of the High Court to uphold his impeachment despite finding that his right to a fair hearing had been violated.

“We strongly observe that the impeachment process was found faulty by the 3-judge bench for failure to respect my right to fair hearing. Once that determination was made, the entire process collapsed and was null and void. There was no impeachment. Theirs was a constitutional coup, an abuse of the people of independent Kenya,” he stated.

“The 3 judge bench was obligated by operation of the law on the determination of a violation of the Constitution to set aside the impeachment. The decision by the bench to purport to uphold the impeachment is in itself a violation.”

The former Deputy President announced that his legal team, led by Senior Counsel Paul Muite, would challenge the ruling at the Court of Appeal. He argued that once the court established that his constitutional rights under Articles 25, 47 and 50 had been violated, the impeachment process ought to have been declared null and void.

“We shall proceed to file an appeal at the Court of Appeal on the decision and hope that justice shall prevail.”

In the judgment, the High Court dismissed several petitions seeking to overturn the impeachment, ruling that both the National Assembly and the Senate acted within their constitutional mandates during the removal process. The court also upheld the appointment of Deputy President Kithure Kindiki, finding that his assumption of office complied with constitutional requirements.