Former nominated senator Gloria Orwoba has sharply criticised the recent High Court ruling that upheld the impeachment of former Deputy President Rigathi Gachagua, accusing legal and political actors of downplaying what she terms deeper constitutional and institutional concerns.
Her remarks come in response to comments by Kisumu Senator Tom Ojienda, who described the three-judge bench decision as “sound,” noting that it validated the impeachment process and confirmed the legality of Prof Kithure Kindiki’s appointment as Deputy President.
Ojienda also argued that although the court found fault with the Senate for failing to grant Gachagua an adjournment, the procedural lapse did not alter the final outcome of the impeachment or the vote itself.
He further maintained that the court’s award of KSh 50 million in damages was the only material remedy arising from the violation of the right to be heard.
However, Orwoba dismissed that interpretation, questioning both the legal reasoning and the political context surrounding the impeachment process.
“Alafu Tom Ojienda akule tu pesa za Senate na Kasongo in peace… ati the Senate was wrong for not adjourning and giving Gachagua time to prepare well… but that doesn't mean that it affected the votes. Really?” she said in a strongly worded reaction shared publicly.
She went further, alleging that the impeachment outcome was influenced by political pressure and irregularities, though she did not provide evidence to support the claims.
“Well, he is right anyway, because the votes were already locked in through threats, intimidation and procurement,” she added.
Orwoba also expressed scepticism over the practical impact of court orders in the current political environment, suggesting that even a judicial reversal would not have changed the outcome on the ground.
“Lakini wachatu nikunywe Brufen… Even if the courts gave orders to reverse that impeachment, that would also mean nothing because this regime doesn't care about court orders anyway,” she stated.
Her remarks extended to a broader warning about institutional trust, particularly the judiciary, which she argued risks losing credibility among citizens if perceptions of political interference persist.
“Judiciary should be worried about how the trust of Kenyans is being eroded. Very soon, Judiciary will be as useful and impactful as POSTA,” she said, drawing a controversial comparison that is likely to fuel further debate on judicial independence and public confidence in state institutions.
The High Court ruling delivered on Monday remains one of the most consequential constitutional decisions in recent years.
While it upheld the impeachment of Gachagua and confirmed the legality of Kindiki’s appointment, it also acknowledged procedural shortcomings in the Senate’s handling of the proceedings, particularly regarding the denial of an adjournment request.