JAVAS BIGAMBO
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The substantive fact of law is that Rigathi Gachagua's impeachment has been cemented and may remain as such. The path ahead is slippery given that no court will create a constitutional hermaphrodite by reverting to status quo ante. The only possible relief will be monetary compensation just because he went ill at the tail end of the Senate impeachment, to fulfill the right to absolute fair trial.
The court has proclaimed that in impeaching Rigathi Gachagua, Parliament was ex cathedra representing the will of the sovereign. Parliament did not assail the constitution, and now his petition lives in infamy forever. An award for his rights infringement has been granted.
The High Court has navigated the contours of Rigathi Gachagua’s petition and determined that he was properly impeached. Conjunctive reading of constitutional provisions he depended on could not successfully provide him survival shelter.
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