Former Deputy President Rigathi Gachagua has rejected the High Court ruling on his impeachment case. Speaking at a press briefing on Tuesday, June 9, 2026, Gachagua stated that he would appeal the decision at the Court of Appeal.
In his statement, Gachagua slammed the High Court’s decision, saying that the ruling represents a sad day for those who have faced similar challenges in the past and for those who may encounter the same in the future.
He confirmed that his legal team, led by Senior Counsel Paul Muite, will file an appeal with the Court of Appeal of Kenya, insisting that justice must prevail
“A long-standing legal principle of natural justice and the right to a fair hearing has been disregarded and ignored in broad daylight. It is a sad day for those who have faced similar challenges in the past and for those who may encounter the same in the future. We will proceed to file an appeal at the Court of Appeal challenging the decision, in the hope that justice will ultimately prevail. The framers of the Constitution provided for both the Court of Appeal and the Supreme Court, and we intend to pursue all available legal avenues,” said Gachagua.
Gachagua to Appeal High Court Ruling on Impeachment Case
In the statement, which he said followed consultation with his legal team led by Senior Counsel Paul Muite, Gachagua said they had “clearly analyzed the judgment” and concluded that an appeal was necessary. He maintains that the court failed to quash what he describes as an unlawful impeachment process, despite acknowledging violations of his fair trial rights during Senate proceedings.
Gachagua has also rejected the KSh 50 million compensation awarded to him by the High Court, terming it an insult to his constitutional rights.
“For avoidance of doubt, I moved to the High Court to fight for my rights and those of Kenyans who participated in the 2022 General Election that have been violated. My prayer was to seek the quashing of an illegal process of impeachment. It is only after the determination of illegality, as has already happened, and setting aside of the impeachment, as should have happened, that we were to consider asking for damages for constitutional violations.The 50 million Kenyan shillings awarded to me is an insult to my fundamental rights and freedoms and a mockery of the Constitution. We are not interested. Money was never the issue here. Justice and constitutional supremacy,” added Gachagua.
On June 8, 2026, the High Court, led by a three-judge bench including Justice Antony Mrima, Justices Eric Ogolla and Frida Mugambi, issued final orders in a case challenging the Senate’s impeachment proceedings against former Deputy President Rigathi Gachagua.
The ruling also awarded constitutional damages and called for legislative reform, marking it as one of the most significant judicial interventions in Kenya’s recent political-constitutional disputes involving executive accountability.
Court Declines to Overturn Senate Impeachment Resolution
The High Court declined the prayer seeking to nullify the Senate’s resolution to impeach Gachagua, meaning that the impeachment process, as carried out by the Senate, remains legally valid in its outcome at that stage.
Also Read: Court Finally Determines Gachagua Impeachment Case
However, the court’s decision did not amount to a full endorsement of the process. Instead, it drew a clear distinction between the resolution’s validity and the observance of constitutional safeguards during the proceedings.
In its finding, the court declared that Gachagua’s fair trial rights were infringed during the impeachment process. This arose after the Senate declined to allow an adjournment of the proceedings despite his absence.
The court held that this decision undermined procedural fairness, particularly in a matter with serious constitutional and political consequences.
The court further issued a declaratory order stating the constitutional necessity for Parliament to enact a dedicated statutory framework governing the impeachment of the Deputy President under Article 150 of the Constitution.
The judgment observed that the absence of a clear, structured legal framework creates uncertainty and increases the risk of procedural inconsistencies in future impeachment proceedings. It urged Parliament to address this gap to ensure clarity, fairness, and uniform application of the law.
In addition, the court awarded constitutional damages of Kshs 50 million to Gachagua, payable by the Senate.
Background of Gachagua’s Impeachment
Former Deputy President Rigathi Gachagua’s case started in October 2024 after the National Assembly passed an impeachment motion against him.
The Parliament accused him of multiple violations, including:
- Alleged corruption and unexplained wealth
- Incitement of ethnic division
- Gross misconduct and violation of constitutional leadership principles
- Undermining the authority of the presidency and public institutions
The motion was then forwarded to the Senate of Kenya for trial, as required under the Constitution.
The Senate conducted impeachment hearings and voted to remove him from office on October 17, 2024.
Rigathi was then formally removed, and President William Ruto appointed Kithure Kindiki.
Also Read: From Alliance Top Student to Doctor: How Gachagua’s Son Keith Ikinu Built Success Beyond Politics
After removal, Gachagua immediately filed petitions in the High Court arguing that:
- The impeachment was politically motivated
- The process violated constitutional safeguards
- Parliament and the Senate did not follow proper procedure
- The decision lacked genuine public participation
- The Senate proceeded while he was unable to fully participate
- Requests for adjournment were denied
- The impeachment was coordinated politically
- He was targeted due to fallout within the executive
- There was undue influence on Parliament’s decision-making process
Compensation claim
Following the decision, Gachagua demanded:
- Payment equivalent to full term salary and benefits
- Damages for unlawful removal from office
- Restoration of dignity and constitutional rights
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