The High Court decision upholding the impeachment of former Deputy President Rigathi Gachagua has attracted condemnation from top legal practitioners in the country.
Former Law Society of Kenya President Senior Counsel Ahmednassir Abdulahi has questioned why the constitutional court upheld Gachagua’s removal from office despite the three-judge bench deciding that Gachagua’s right to fair trial was infringed.
While casting aspersions on the decision the senior counsel has referred to the Bill of Rights that establishes right to fair trial as an “inherent, inalienable human rights that cannot be limited, derogated, or suspended under any circumstances, including states of emergency or executive convenience.”
“So how can the court make quasi-constitutional excuses on amorphous grounds in its refusal to set aside the impeachment of Hon Rigathi Gachagua? The Gachagua judgement, in my humble opinion, is on shaky, shallow, soggy and sandy soil,” Ahmednasir argued.
Donald Kipkorir on his part has poked holes at the decision questioning why the judges decided to offer financial compensation of Ksh. 50 Million instead of summarily overturning his impeachment.
“The decision of the High Court is a judicial absurdity: REDUCTIO AD ABSURDUM!” Kipkorir observed.” Kipkorir has said through his X platform.
Other lawyers who have differed with the High Court ruling are Former LSK President Senior Counsel Eric Theuri and the current President Senior Counsel Charles Kanjama.
