Omtatah Urges Senate to Reflect on Gachagua Impeachment Ruling, Cites Need for Proper Legal Framework

Busia Senator Okiya Omtatah has called on lawmakers to reflect on the recent High Court ruling that upheld the impeachment of former Deputy President Rigathi Gachagua, saying the judgment presents important lessons for Parliament and the country.

Speaking during a Senate debate on the ruling, Omtatah said the matter should not be approached with haste or emotion, but rather with careful reflection.

“Thank you for the opportunity to speak on this important issue. From where I sit, this is not an issue that calls for a hasty reaction. It is an issue that calls for reflection and meditation because impeachment is a constitutional process,” he said.

The senator noted that Article 150 of the Constitution governs the removal of a Deputy President and incorporates, with necessary modifications, the provisions under Articles 144 and 145, which relate to the removal of a President.

According to Omtatah, one of the key issues highlighted by the court ruling is the absence of a specific law outlining how the presidential impeachment process should be adapted for a Deputy President.

“I would like us to take lessons from the judgment instead of condemning it. I have remained convinced, from the day this impeachment came before the Senate, that this House was not adequately prepared for the impeachment of a Deputy President,” he said.

He argued that the Senate proceeded with the process without first establishing the legal framework required to modify the presidential impeachment procedures for use in proceedings involving a Deputy President.

“We did not have that law that would modify the impeachment of the President to apply to the Deputy President. For me, trying somebody without a law amounts to a violation of their rights,” Omtatah stated.

The senator further said he did not see a contradiction in the court’s finding that Gachagua’s rights had been violated, even as the court upheld the impeachment.

Referring to the judges’ reasoning, Omtatah compared the situation to a wrongful execution, where a court may later find that a person’s rights were violated, but such a finding cannot reverse the consequences of the action already taken. He cited the court’s observation that Gachagua’s rights were infringed when the Senate declined his request for an adjournment.

“This violation constitutes both a vindication of his rights and a recognition of the constitutional infirmity in the process, but it does not undo the impeachment itself,” Omtatah said, paraphrasing the court’s position.

The Busia senator maintained that procedural rules should always work in favour of an accused person and argued that the Senate had the authority to grant Gachagua more time when he sought an adjournment.

“I strongly believe that rules of procedure should benefit an accused person. Given that Mr. Gachagua had requested an adjournment, this House had the capacity to grant it,” he said.