Siaya Senator Oburu Odinga has dismissed the High Court ruling that directed the Senate to pay former Deputy President Rigathi Gachagua Ksh50 million in constitutional damages, terming the decision contradictory and unjustified.
Speaking during a Senate debate on Tuesday, June 9, 2026, Oburu questioned how the court could uphold the constitutionality of Gachagua’s impeachment while simultaneously penalizing the Senate.
“Mister Speaker, sir, I’m equally surprised with the court decision to impose a fine of 50 million shillings on the Senate, when, on the other hand, the same court is saying the Senate was right and the Senate rightly impeached according to the Constitution,” he said.
The ODM leader insisted that the Senate acted within the confines of the law during the impeachment process.
“We followed the Constitution, and we impeached him according to the Constitution,” Oburu stated.
He further questioned the court’s findings regarding the adjournment request during the proceedings, arguing that senators were unaware of Gachagua’s whereabouts at the time.
“When we were here, all of us were here when the lawyer himself told us that he did not know where his client was. Now, if he didn’t know, then how could we know? We did not know where he was,” he said.
Oburu dismissed subsequent claims that Gachagua had been hospitalized, describing them as an afterthought that could not justify the court’s award.
“We did not know, so whatever was brought later on that he was in hospital was an afterthought, and that afterthought cannot be used to impose a fine on us when we acted constitutionally,” he added.
The senator urged the Senate leadership to appeal the ruling, questioning how the House would raise the funds if compelled to pay.
“I urge you to appeal, Mister Speaker. Ensure that the Senate does not pay this 50 million,” he said.
“Where do we get 50 million when we are struggling? We are poor.”
Oburu maintained that the Senate followed due process during the impeachment and should challenge the High Court’s decision at the Court of Appeal.
The Senate has since announced plans to appeal the judgment, which found that Gachagua’s right to a fair hearing was violated during the impeachment proceedings.
