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The Law Is an Ass? Why Many Kenyans Are Confused by the Gachagua Judgment
Many Kenyans are asking a simple question after the court ruling on former Deputy President Rigathi Gachagua's impeachment:
If he was not given a fair hearing, why was the impeachment allowed to stand?
That is the question that has left many people confused.
The judges agreed that there were problems with the Senate process. They found that some of Gachagua's constitutional rights were violated. In fact, they even awarded him damages because of those violations.
But despite saying that mistakes were made and rights were violated, the court still allowed the impeachment to remain in place.
To many ordinary Kenyans, this sounds contradictory.
It is like telling a student that an examination was not conducted fairly, but still forcing the student to accept the results.
Or imagine a football match where one team is denied a chance to properly defend itself. After the match, the referee admits mistakes were made but still refuses to replay the game. Instead, he gives the losing team some money and tells them to go home.
Most people would not consider that justice.
Those who support the judgment argue that the mistakes made during the Senate hearing did not change the final result. They believe that even if the process had been conducted perfectly, Gachagua would still have been impeached. Therefore, they say the outcome should remain while compensation is paid for the unfair treatment.
But many Kenyans see the matter differently.
They argue that the Constitution is meant to protect every citizen from unfair treatment. If a court finds that a process was unfair, then the proper remedy should be to repeat the process correctly, not simply pay compensation and move on.
The concern is bigger than Gachagua himself.
Today it may be a Deputy President. Tomorrow it could be an ordinary Kenyan appearing before a tribunal, a court, or a government agency. If constitutional rights can be violated without affecting the final decision, people may begin to wonder whether those rights truly have meaning.
The debate therefore comes down to one simple question:
Can an unfair process produce a fair result?
Many lawyers will say yes under certain circumstances.
Many ordinary citizens will say no.
If I were the judge, I would ask only one question:
Did Rigathi Gachagua receive a fair hearing before the Senate?
If the answer is no, then the impeachment should be set aside and the hearing repeated according to the Constitution.
Justice is not only about reaching the right result. It is also about using the right process to get there.
That is why the old saying, "The law is an ass," still survives today. It reflects the frustration of ordinary people when legal decisions appear to contradict common sense.
Whether one supports Gachagua or not is beside the point. The real issue is whether Kenyans can continue to trust that constitutional rights will be fully protected whenever the State exercises power.
The law may have spoken, but the public debate is far from over.
By Arch. Dr. D.K. Gitau
Political Analyst and Human Rights Commentator

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