Siaya Senator Oburu speaking at the Senate on June 9, 2026/ SCREENGRABSiaya Senator Oburu Odinga has questioned the High Court decision that ordered the Senate to pay former Deputy President Rigathi Gachagua Sh50 million in constitutional damages, describing the ruling as contradictory.
Oburu said the court appeared to uphold the impeachment process as constitutional while at the same time imposing financial penalties on the Senate.
“Mister Speaker, sir, I’m equally surprised with the court decision to impose a fine of 50 million shillings on the Senate, when, on the other hand, the same court is saying the Senate was right and the Senate rightly impeached according to the Constitution,” he said.
He maintained that the Senate acted within the law during the impeachment proceedings and followed constitutional procedure.
“We followed the Constitution, and we impeached him according to the Constitution,” Oburu said.
The senator questioned the court’s findings on the request for adjournment during the proceedings, arguing that senators did not know Gachagua’s whereabouts at the time.
“When we were here, all of us were here when the lawyer himself told us that he did not know where his client was. Now, if he didn’t know, then how could we know? We did not know where he was,” he said.
Oburu dismissed later claims that Gachagua had been ill, terming them an afterthought that could not justify the court’s award.
“We did not know, so whatever was brought later on that he was in hospital was an afterthought, and that afterthought cannot be used to impose a fine on us when we acted constitutionally,” he said.
He urged the Senate to appeal the ruling, questioning how the House would raise the funds if required to pay.
“I urge you to appeal, Mister Speaker. Ensure that the Senate does not pay this 50 million,” he said.
“Where do we get 50 million when we are struggling? We are poor,” Oburu added.
Oburu maintained that the Senate followed due process during the impeachment and should challenge the ruling at the Court of Appeal.
The Senate announced plans to challenge the High Court judgment that found Gachagua’s fair hearing rights were violated during impeachment proceedings.
Speaker Amason Kingi said the House had instructed its lawyers to obtain certified copies of the judgment and prepare a notice of appeal.
He said the Senate disagreed with the findings that it should have granted an adjournment during the proceedings, arguing that the decision was made based on the information available at the time.
Kingi said senators were informed that Gachagua would testify after a lunch break, but upon resumption, his lawyer, Senior Counsel Paul Muite, told the House he did not know his client’s whereabouts.
He added that claims that the former Deputy President had fallen ill were not supported by evidence when requested during the proceedings.
“The Senate, as the impeachment court, decided not to grant the adjournment request in the particular circumstances of the day because of the absence of evidence or good cause presented to it,” Kingi said.
The Speaker maintained that the court misinterpreted the constitutional threshold for granting adjournments in quasi-judicial proceedings and said the House would defend its actions at the Court of Appeal.
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