Article 50 guarantees the right of an accused person to be present during proceedings, but it does not mean proceedings must stop indefinitely whenever a party chooses not to participate. In fact, Gachagua was represented by counsel and given opportunities to be heard.
As for the claim that there were no clear provisions, constitutional gaps cannot be used to paralyze government. The Constitution provides mechanisms for filling a vacancy in the office of Deputy President, and the courts have now affirmed that the appointment process that followed was constitutional. The law is interpreted as a whole, not through isolated provisions.