- Dennis Itumbi says there are legal grounds to challenge the KSh 50 million compensation linked to Rigathi Gachagua’s impeachment case.
- He argues that medical evidence cited during the case was not admitted by the court.
- According to Itumbi, the absence of admissible medical records weakens claims that Gachagua was unable to attend Senate proceedings.
- The presidential aide believes the Court of Appeal could overturn the award.
- The matter is likely to remain a subject of legal and political debate.
A fresh legal debate has emerged after presidential aide Dennis Itumbi outlined reasons he believes an appellate court could reverse the KSh 50 million compensation awarded in relation to the impeachment case involving former Deputy President Rigathi Gachagua.
In comments shared on social media, Itumbi argued that a key element of the case involved medical evidence that was ultimately not admitted by the court.
According to him, documents presented by Dr. Gikonyo of Karen Hospital to support claims that Gachagua was unwell during Senate impeachment proceedings were deemed inadmissible.
Itumbi contends that this finding is significant because it affects the evidentiary basis used to support arguments that Gachagua was unable to participate fully in the proceedings.
He further argued that without admissible medical records on the court file, there was no legally recognized proof showing that the former deputy president was medically incapable of attending the Senate hearings at the time.
Based on that reasoning, Itumbi maintains that the Senate was entitled to proceed with the impeachment process and reject requests for adjournment because, in his view, the evidence before it did not justify a postponement.
The presidential aide also stated that the court's finding regarding the medical documents could strengthen arguments that the Senate acted reasonably based on the information available at the time the proceedings were conducted.
For that reason, he believes there are substantial grounds for an appeal seeking to overturn the compensation award.
However, legal experts note that appeals are determined by judges after reviewing the full record of proceedings, legal arguments, constitutional questions, and findings made by the lower court. As such, the final outcome of any appeal remains a matter for the courts.
The case continues to attract national attention because of its political significance and its implications for constitutional processes surrounding impeachment proceedings in Kenya.
As legal teams weigh their next steps, attention is now likely to shift to whether an appeal will be filed and how appellate judges may interpret the issues raised regarding evidence, due process, and compensation.
