Gachagua Files Appeal Against High Court Decision Upholding Impeachment
Politics Updated: 23 June 2026 09:10 EAT
Photo Courtesy: Democracy for the Citizens Party Leader Rigathi Gachagua during a consultation meeting at his Wamunyoro home
Former Deputy President Rigathi Gachagua has formally moved to the Court of Appeal after filing a notice of appeal challenging the High Court judgement that upheld his impeachment, opening a new chapter in one of Kenya’s most consequential constitutional disputes.
The notice was lodged days after a three-judge High Court bench dismissed consolidated petitions seeking to overturn his removal from office. The bench, comprising Justices Eric Ogola, Anthony Mrima and Freda Mugambi, ruled that Parliament acted within the Constitution during the impeachment process.
Gachagua, however, faulted the decision and said he was satisfied with only five paragraphs of the court’s 286-page judgement. According to him, sections of the ruling that acknowledged violations of his constitutional rights should have resulted in the impeachment being invalidated.
The judges found that both the National Assembly and Senate substantially complied with constitutional and legal requirements in processing the impeachment motion. The court further held that Parliament retained authority to undertake impeachment proceedings despite objections raised in the petitions.
In its judgement, the court also rejected arguments challenging the legitimacy of parliamentary proceedings on grounds related to representation and legislative procedure. The bench concluded that the impeachment process met the constitutional threshold.
However, the judges determined that aspects of the Senate proceedings infringed on Gachagua’s right to a fair hearing. The court identified procedural shortcomings during the conduct of the hearings and awarded him KSh50 million in constitutional damages.
Despite recognising violations of his rights, the court maintained that those findings did not invalidate the final impeachment outcome. The judges reasoned that constitutional provisions governing succession and continuity in executive office prevented reversal of the process after transition had already taken place.
Following the ruling, Gachagua criticised what he described as inconsistencies within the judgement, arguing that a finding of constitutional violations should ordinarily attract a remedy beyond financial compensation. His legal team indicated that the appeal would focus on constitutional interpretation and procedural fairness.
The Court of Appeal is now expected to review whether the High Court correctly interpreted provisions relating to impeachment, fair hearing rights and the legal consequences of procedural irregularities. The outcome could establish an important precedent for future impeachment proceedings in Kenya.
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FELIX MAKONA
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