EMBU, Kenya — A section of boda boda operators in Embu Town took to the streets on Tuesday to protest the High Court ruling that upheld the impeachment of former Deputy President Rigathi Gachagua.
The demonstrators, led by local politician James Ireri, accused the three-judge bench of issuing what they termed a contradictory judgment after finding that Gachagua’s right to a fair hearing had been violated but declining to overturn the impeachment.
Carrying placards and chanting pro-Gachagua slogans, the protesters argued that the court should have nullified the Senate’s decision once it determined that constitutional rights had been infringed during the proceedings.
Protesters Question Court’s Findings
Addressing the demonstrators, Ireri claimed the judgment sent mixed signals by acknowledging procedural violations while allowing the impeachment to stand.
“I want to say that the ruling that was issued by the High Court yesterday is a misleading and confusing ruling,” Ireri said.
“On one hand, the High Court said the rights of the former DP were infringed, and that is reason enough to quash the ruling against Gachagua. The Senate did wrong, and they should admit they did wrong,” he added.
The protests come a day after a three-judge bench delivered its long-awaited judgment on a series of consolidated petitions challenging Gachagua’s removal from office.
Threat to Recall Senator Mundigi
During the demonstrations, Ireri also announced plans to initiate the recall process against Munyi Mundigi over his vote in support of Gachagua’s impeachment.
“Since the senators did not do the right thing, we have decided as the people of Embu to begin the process of recalling our senator because he voted in favour of Gachagua’s impeachment,” Ireri stated.
The remarks highlight the continuing political fallout from the impeachment, particularly in parts of the Mt Kenya region where Gachagua retains significant support.
Court Upheld Impeachment
In a judgment delivered on Monday, Justices Eric Ogolla, Anthony Mrima and Fridah Mugambi upheld the Senate’s decision to remove Gachagua from office.
The court found that both Parliament and the Senate acted within constitutional and legal requirements during the impeachment process, including compliance with public participation obligations.
However, the judges also ruled that Gachagua’s right to a fair hearing under Article 50 of the Constitution was violated during the Senate proceedings due to procedural irregularities that limited his ability to adequately defend himself.
Despite finding a constitutional violation, the court concluded that the irregularities were not sufficient to invalidate the impeachment.
Instead, the judges awarded Gachagua Sh50 million in constitutional damages, payable by the Senate.
