ADVERT 
Tension filled the Milimani Law Courts as a three-judge bench delivered a finely balanced verdict in Kenya’s most consequential constitutional showdown. While affirming the core impeachment process that ousted Gachagua in October 2024, Justices Eric Ogola, Anthony Mrima, and Freda Mugambi ruled that the Senate violated his fundamental rights to a fair hearing, especially by pressing ahead despite his documented hospitalization.
The court found that while Parliament and the Senate largely complied with constitutional requirements on public participation and the substance of the charges — including allegations of gross misconduct and divisive ethnic rhetoric — the Senate crossed a critical line. By refusing to adjourn proceedings amid clear medical evidence, senators denied Gachagua natural justice and fair administrative action under Articles 47 and 50 of the Constitution.
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