Oburu Questions Court’s Sh50 Million Penalty Against Senate in Gachagua Case
A fresh political and legal battle is brewing following Senate Minority Leader Oburu Odinga’s strong criticism of a court decision ordering the Senate to pay former Deputy President Rigathi Gachagua KSh50 million in compensation.
Speaking on the floor of the Senate, Oburu expressed disbelief at what he described as a contradictory judgment, arguing that the same court upheld Gachagua’s impeachment while simultaneously penalizing the Senate for its conduct during the process. According to the veteran legislator, the ruling sends mixed signals because it acknowledges that senators acted within the Constitution yet still imposes a substantial financial penalty on the institution.
Oburu maintained that senators followed the law when handling the impeachment proceedings and insisted that Parliament acted within its constitutional mandate. He questioned the basis of the compensation award, arguing that if the impeachment itself was found to be lawful, then punishing the Senate financially appeared inconsistent with the court’s own findings.
The Siaya Senator also revisited one of the most contested moments during the impeachment proceedings, when Gachagua failed to appear before the Senate due to illness. Oburu argued that senators had no way of verifying the former Deputy President’s whereabouts at the time, noting that even Gachagua’s legal team had initially indicated uncertainty regarding his location. He suggested that information regarding hospitalization emerged later and should not be used as grounds for imposing liability on the Senate.
“Where will we get KSh50 million?” Oburu posed during his remarks, lamenting the financial implications of the ruling. He argued that the Senate already faces budgetary constraints and struggles to secure adequate funding for its operations, including committee activities and official travel. According to him, the compensation order places an unfair burden on an institution that acted in accordance with its constitutional responsibilities.
The senator urged Senate leadership to immediately challenge the ruling in a higher court, insisting that the institution should not be compelled to pay the amount. He expressed confidence that an appeal could overturn the compensation order while preserving the court’s findings regarding the legality of the impeachment itself.
The controversy stems from the High Court’s recent ruling on Gachagua’s impeachment case. While the court upheld the removal of the former Deputy President from office, it also found procedural shortcomings in the manner some aspects of the process were handled. As part of its judgment, the court awarded Gachagua KSh50 million in compensation, a decision that has since sparked intense political and legal debate.
Supporters of the ruling argue that constitutional rights must be protected regardless of the outcome of a case and that institutions can still be held accountable for procedural violations even when their overall decisions are upheld. Critics, however, contend that the judgment creates uncertainty by simultaneously validating the impeachment and imposing financial penalties on the body that carried it out.
The dispute is expected to move to the appellate courts, setting the stage for another high-profile legal showdown involving one of Kenya’s most consequential political events in recent years. Legal experts say the appeal could help clarify the extent to which Parliament can be held liable for procedural violations during impeachment proceedings.
As the Senate prepares its next move, the debate has once again thrust Gachagua’s impeachment back into the national spotlight, highlighting the continuing legal and political consequences of a process that continues to shape Kenya’s political landscape.
