Former nominated Senator Gloria Orwoba has questioned the implications of the High Court ruling that upheld the impeachment of former Deputy President Rigathi Gachagua, saying it exposes gaps in the justice system and risks weakening public confidence in the courts.
The three-judge bench on Monday upheld the impeachment process, finding that Parliament followed constitutional procedures in removing Gachagua from office.
However, the court also held that his right to a fair hearing was violated during the Senate proceedings, particularly when his request for adjournment was declined despite claims of ill health.
Despite this finding, the judges ruled that the violation did not invalidate the outcome and awarded him Sh50 million in damages.
Reacting to the decision, Orwoba said the ruling sends a worrying signal to Kenyans seeking justice in courts.
“The Courts have put out a very loud and dangerous message,” she said. “The Courts are saying; as a Kenyan who is seeking justice, you can come to us (Judiciary) and we can listen to you and even agree that you have suffered an injustice...BUT we might not be able to do anything to serve justice, because our hands are tied by a lacuna in law...”
She questioned what citizens are expected to do when legal remedies appear limited even after wrongdoing is acknowledged.
“So what do you want Kenyans to do?” she posed. “Take the law into their arms?”
Orwoba warned that such situations could have wider social consequences if citizens lose trust in formal justice systems.
“Hello, Mob justice and random deaths by mysterious boda boda shooters,” she added, warning of possible lawlessness if grievances are not addressed through effective legal remedies.
Her remarks come amid growing political and legal debate following the High Court decision, which has already sparked appeals and renewed scrutiny of Kenya’s impeachment framework and the effectiveness of constitutional safeguards during high-level political disputes.