Former CJ Maraga Weighs In On Gachagua Case, Reveals What He Believes Judges Should Have Done

David Maraga has said that the High Court should have cancelled Rigathi Gachagua's impeachment after finding that he was not given a fair hearing during the process.

Speaking about the court decision, Maraga said that once the judges concluded that Gachagua's right to a fair hearing had been violated, the next step should have been very clear.

According to him, the proper and unavoidable decision was to nullify the impeachment and treat it as invalid. Maraga explained that a fair hearing is one of the most important rights protected by the Constitution.

He said every person, whether an ordinary citizen or a senior government official, deserves a chance to be heard fairly before a decision is made against them.

According to the former Chief Justice, if a court finds that a person was not treated fairly during a legal or constitutional process, then the outcome of that process becomes questionable.

He argued that fairness is not a small matter that can be ignored because it is the foundation of justice.

His remarks come after the High Court ruled that there were problems with the impeachment process and that Gachagua was not given a fair hearing.

However, despite making that finding, the court did not completely cancel the impeachment.

Maraga said that this is where he disagrees with the judgment. In his view, once the court established that Gachagua's constitutional rights had been violated, it should have gone all the way and overturned the impeachment.

He believes that anything less creates confusion and raises questions about the protection of constitutional rights.

The former Chief Justice also said that courts have a duty to protect the Constitution and make sure that all legal processes are carried out properly.

He warned that if decisions reached through unfair procedures are allowed to remain in place, it could send the wrong message to future leaders and institutions.

His comments have attracted attention from lawyers, politicians, and members of the public. 

Some people agree with him and say the impeachment should have been cancelled immediately after the finding on fair hearing. Others believe the judges considered many factors before making their final decision.