The High Court's judgment on former Kenyan Deputy President Rigathi Gachagua's impeachment centers on a profound constitutional dilemma. Although the court found that the Senate's refusal to grant Gachagua an adjournment during his illness breached his right to a fair hearing, it declined to quash the impeachment to avoid a "constitutional crisis" of dual incumbency. Instead, the judges awarded Gachagua Kshs. 50,000,000 in damages specifically to vindicate his breached rights and restore his dignity. This decision highlights a complex legal tension: while the monetary remedy addressed the violation of Gachagua's personal dignity, the court ultimately prioritized state stability over a procedural breach that it simultaneously noted was "plainly going to occasion a miscarriage of justice".

In its recent judgment, the High Court upheld the impeachment of former Deputy President Rigathi Gachagua while simultaneously declaring that his right to a fair hearing had been violated during the Senate trial. By awarding damages rather than quashing the removal, the Court sparked a significant debate over whether constitutional remedies must mandate invalidation for procedural breaches or if courts possess the discretion to choose alternative forms of relief. This ruling ultimately hinges on a complex legal characterization: whether the requirement for a fair hearing was a fundamental precondition for the exercise of parliamentary power or merely a duty owed alongside a valid removal process.

Over the past quarter-century, Nyiha, Mukoma & Co. Advocates has had the privilege of handling cases and projects that have shaped jurisprudence and made a positive impact on our community. We take pride in the milestones we have achieved, the precedents we have helped set, and the trust our clients have placed in us through pivotal moments.

In a landmark June 2025 judgement, the High Court awarded Naila Qureshi Kshs. 157 million for medical negligence against Aga Khan University Hospital, setting a pivotal precedent for patient rights in Kenya. The case underscores the need for urgent reforms in healthcare to ensure patient trust and safety, urging providers to strengthen ethical practices and compliance to avoid costly litigation.