JAVAS BIGAMBO
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Gachagua's journey downhill has been long and unwinding, and still rolling down.
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 length and breadth of the 350-page HC judgement has afforded Kenyans both pleasure and rewarding instruction on the safety nets of Kenya’s durable constitution. A significant precedent setting judgement.
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.
The interpretative essence of the High Court decision on Gachagua impeachment is that the impeachment now rests as a permanent millstone around his mortal neck and sinks to the dark sea with it. This is not a sardonic remark.
The body of politics cannot be built on the chassis of hatred, anger and vengeance. Any schooled mind will learn from the classroom of Gachagua’s impeachment that when the mouth speaketh, it may invite blessings, or a curse.
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