Makueni Senator and lawyer Dan Maanzo has raised concerns that the former Deputy President Rigathi Gachagua was condemned unheard by the Senate during the impeachment proceedings against him, arguing that the process violated a fundamental principle of law.

Speaking during an interview with a local television station on Tuesday, June 9, 2026, Maanzo maintained that the impeachment case should have been halted when Gachagua fell ill, allowing him time to recover and fully participate in the proceedings.

“In this particular case, there is a cardinal principle of law: you can never be condemned unheard. At the moment Rigathi Gachagua fell ill, everything should have ceased up to that moment, and we sought two or three days for him to be back on his feet and for him to be back on the floor, and the members rejected that on a vote,” Maanzo said.

According to the senator, the decision by lawmakers to decline the request for an adjournment undermined the integrity of the process, arguing that the matter collapses on that basis alone.

Maanzo expressed optimism that the legal battle surrounding Gachagua’s impeachment would eventually be resolved, noting that several important legal questions had already been analysed and settled through the court process.

“There is hope that one day this matter will be resolved, and we are just at the tail end of it. At least a lot of legal issues have been analysed and settled, but one is not, so no one in all legal jurisdictions can be condemned unheard,” he added.

Gachagua awarded Ksh50M in damages

The High Court has upheld the impeachment of former Deputy President Rigathi Gachagua but awarded him Ksh50 million in damages, finding that senators violated his right to a fair hearing during the proceedings.

In a ruling delivered on Monday, June 8, 2026, the court held that while the impeachment itself met the constitutional threshold and would stand, aspects of the process fell short of the fair-trial standards guaranteed by the Constitution.

The bench found that members of the Senate proceeded with hearings despite requests for an adjournment on medical grounds, concluding that the refusal to pause proceedings amounted to a violation of Gachagua’s right to a fair hearing.

The court said that although Parliament has broad constitutional authority to oversee and remove state officers, that power must be exercised in accordance with due process protections, including the right of an accused official to participate in proceedings affecting their office and rights adequately.

As a result, the court ordered the Senate to pay Ksh50 million in compensation for the breach, even as it declined to overturn the impeachment outcome itself.