Maraga Breaks Silence on Gachagua Ruling, Says Impeachment Should Have Been Nullified

CJ David Maraga and DCP Party leader Rigathi Gachagua

Former Chief Justice (CJ) David Maraga has broken his silence on the High Court’s decision to uphold the impeachment of former Deputy President (DP) Rigathi Gachagua despite finding that his rights were violated during the process.

Speaking on June 10, Maraga said he had raised several questions regarding the judgment delivered by the three-judge bench.

The former Chief Justice argued that the court’s finding on the violation of Gachagua’s right to a fair hearing should have had a direct bearing on the validity of the impeachment proceedings.

According to Maraga, the right to a fair hearing is a fundamental constitutional guarantee that cannot be limited and should have compelled the court to nullify the impeachment once it established that due process had been breached.

“The right to a fair hearing cannot be limited. The court finds that Gachagua was not given a fair hearing, and he has been impeached. In my view, after that finding, the inevitable conclusion should have been to annul that impeachment,” Maraga said.

Maraga also rejected arguments that practical considerations, including the appointment of a new Deputy President, should prevent courts from overturning actions found to have violated constitutional rights.

“Sometimes the argument I saw in the judgment is that the process has proceeded, a new deputy president has been appointed. You can’t reverse some of those acts. If I recall in Gachagua’s petition, he actually said, look, he doesn’t want reinstatement as a deputy president. I mean, he made it very clear to the court,” Maraga echoed.

Warning Against Impunity

The former Chief Justice further argued that awarding damages without holding individual decision-makers accountable risks normalizing constitutional violations within government institutions.

Also Read:Gachagua Reveals His Next Move After High Court Ruling

“So when a right to a hearing is sacrosanct, the proper interpretation, in my view, is to annul what the Senate has done. And you know, some of the provisions of our law are meant to be deterrent. If you allow this, that you can trample upon the rights of somebody, give him a few shillings, and the life continues. The Ksh 50 million is not coming from the pockets of the senators themselves, it is coming from the Senate,” Maraga said.

He warned that institutional penalties alone may fail to deter future misconduct by public officials.

“There’s the fine or the damages awarded against the Senate, not against the individual senators for the impeachment. What is the effect of that? Government officers will continue violating the constitution, knowing that they will not be punished individually. We will be entrenching the culture of impunity in our systems,” Maraga added.

Constitutionalism Must Prevail, Maraga Says

Drawing parallels with his past advisory opinions on constitutional matters, Maraga said difficult decisions are sometimes necessary to preserve the integrity of the law and democratic institutions.

Also Read:Court Deals Blow to Maraga as It Rejects Parliament Dissolution Advisory

“In my advisory, the arguments that have been put to me was that, if you recommend the dissolution of parliament, the country is not going to have a budget burst. This is a constitutional provision which was put there with the clear understanding of the role of parliament,” Maraga said.

He added that upholding constitutional principles may occasionally come at a significant cost but remains essential for the country’s long-term stability.

“And in the advisory, I said, look, there is no gain without pain. If you wanted to stamp out illegal acts, there is going to be inconvenience to be caused. There is going to be even serious damage caused. But if that is what we should go through so that we respect the law, sometimes it is extremely important,” former CJ added.

Maraga concluded with a warning that failure to firmly address constitutional violations could gradually weaken state institutions and undermine the rule of law.

“If we don’t take firm action in some cases, the constitution will be a suggestion and not a command, as we have rightly put it. And that is how a country slowly degenerates into a failed state. A failed state doesn’t come in one day. It is a process of illegal acts being performed without being declared null and void. That’s why I am a very strong advocate of constitutionalism and the rule of law. Without that it, you run into anarchy,” Maraga concluded.

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