mash990 :
The court found a specific, technical, procedural breach in the Senate's handling of the case. When the Senate refused to adjourn the trial on October 17, 2024, despite the former Deputy President's illness, it violated his right to a fair hearing. This breach was a procedural irregularity, not a complete denial of due process, and one that could be remedied through compensation. The court awarded KSh 50 million as constitutional damages specifically for that violation, not as a payment for a wrongful impeachment.
Remember, the decision not to nullify the impeachment was based on several key factors
1. Substantive Fairness- The court determined that the Senate's refusal to adjourn, while a breach, did not render the entire multi-day process fundamentally unfair. The impeachment was upheld because the process largely afforded the former Deputy President an adequate chance to defend himself overall.
2. The court assessed the breach as a procedural defect rather than a substantive one. It concluded that this flaw did not go to the root of the process to invalidate the final outcome, but there was a specific error in how the process was conducted.
3. The judges emphasized that impeachment is a core parliamentary function, and courts must be cautious about interfering. Upholding the Senate's substantive decision respects the constitutional separation of powers, while the damages penalty asserts judicial authority to check parliamentary conduct when rights are violated.
This was a perfect way for the court to say your decision stands, but you did not treat this man fairly in one specific instance, and you must be penalized for that.
2026-06-08 21:14:16