Former Chief Justice David Maraga has said the High Court should have gone further and annulled the impeachment of former Deputy President Rigathi Gachagua after finding that he was not accorded a fair hearing during Senate proceedings.

Speaking in an interview with a local station on Thursday, June 10, 2026, Maraga argued that once a court establishes a violation of the right to a fair hearing in a process as serious as impeachment, the only logical legal outcome is to invalidate the entire process.

“The court found that Honourable Gachagua was not given a fair hearing and was impeached. In my view, after that finding, the inevitable conclusion was to annul that impeachment,” he said.

Constitution must be enforced firmly

Maraga warned that failure to enforce the law firmly risks weakening constitutional governance and reducing the Constitution to a mere suggestion rather than a binding legal framework.

“If we do not take firm action, the Constitution will be a suggestion and not a law, and that is how we will be a failed state,” he warned.

He noted that efforts to stamp out illegal acts inevitably come with inconvenience but insisted that such discomfort is necessary in order to uphold the rule of law.

“If you want to stamp out illegal acts, there is going to be inconvenience caused. If that is what we need to do so as to respect the law, it is important,” he said.

Fair hearing at the centre of impeachment debate

Maraga stressed that due process and the right to a fair hearing remain central pillars in impeachment proceedings, which he said must always meet strict constitutional standards.

His remarks come against the backdrop of the High Court ruling that upheld Gachagua’s impeachment but found that Senate proceedings violated his right to a fair hearing, particularly after requests for adjournment on medical grounds were declined.

The court held that while the constitutional threshold for removal was met, aspects of the process fell short of fair trial guarantees, resulting in a Ksh50 million damages award.

Legal analysts weigh in on appeal prospects

Political analyst Herman Manyora has also weighed in on the ruling, saying the fair hearing finding could become decisive if the matter reaches the Supreme Court.

He argued that the Senate functions as a trial chamber in impeachment proceedings and must strictly observe due process requirements.

Manyora added that legal teams are expected to challenge parts of the judgment through cross-appeals, especially on the fair hearing determination, warning that failure to overturn such findings could jeopardise the impeachment outcome at the apex court.

The debate continues as legal experts and political leaders assess the implications of the ruling, with potential appeals expected to further test the constitutional balance between parliamentary authority and individual rights.