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When courts appear contradictory, Kenyans will pay the ultimate price

Former Deputy President Rigathi Gathagua . [File]

The most dangerous thing a court can lose is not a case. It is public confidence. Courts derive authority neither from guns nor from votes. Their power comes from trust. Citizens obey court orders because they believe judges are impartial arbiters who apply the law consistently, fairly and without fear or favour. Once confidence erodes, democracy enters dangerous territory.

That is why the High Court judgment on the impeachment of former Deputy President Rigathi Gachagua has generated debate. The court found that his right to a fair hearing had been violated and awarded him compensation. It declined to overturn the impeachment.

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