Gachagua Loses Impeachment Case, Wins KSh 50M
On June 8, 2026, the High Court upheld the impeachment of former Deputy President Rigathi Gachagua. Consequently, the court dismissed consolidated petitions that sought to overturn his removal from office.
A three-judge bench comprising Justices Eric Ogolla, Anthony Mrima, and Fridah Mugambi delivered the highly anticipated ruling.
Additionally, the judgment confirmed that Parliament and the Senate acted within their constitutional mandate during the October 2024 impeachment process.
Judges Affirm Constitutional Validity of Impeachment
The court ruled that both the National Assembly and the Senate followed the law when removing Gachagua from office. Consequently, the judges declined to nullify the impeachment proceedings.
Additionally, the bench found that lawmakers met the constitutional threshold required to remove a senior state officer.
The judges emphasized that their role was to interpret the Constitution rather than evaluate political decisions. Therefore, they could not determine the political merits of the charges.
Public Participation Found Sufficient
The court also addressed concerns regarding public participation during the impeachment process. Consequently, the judges ruled that the nationwide consultation exercise satisfied constitutional requirements.
They clarified that public participation differs from judicial proceedings. The bench stated that Parliament adequately involved citizens before reaching its decision. Therefore, the impeachment process remained legally valid.
READ ALSO: All Eyes on Court as Gachagua Awaits Impeachment Verdict
Court Awards Gachagua KSh 50 Million for Rights Violation
Although the court upheld the impeachment, the judges found that the Senate violated Rigathi Gachagua’s right to a fair hearing. Consequently, the bench ruled that senators failed to adequately consider requests to adjourn the proceedings.
The judges noted that Gachagua was absent because of illness when the Senate continued with the hearing. Additionally, the court found that proceeding without granting an adjournment compromised procedural fairness.
As a result, the judges awarded Gachagua KSh 50 million in damages. The Senate will bear responsibility for paying the compensation.
Court Confirms Kindiki’s Appointment as Deputy President
The High Court also affirmed the appointment of Kithure Kindiki as Deputy President. Consequently, the judges validated both his nomination and appointment process.The ruling removes any legal uncertainty surrounding the succession process.
Additionally, it reinforces the constitutional legitimacy of the current administration. Therefore, Kindiki will continue serving as Deputy President without legal impediment arising from the impeachment case.
Gachagua Signals Appeal
Following the judgment, Gachagua’s legal team openly expressed dissatisfaction with the ruling. Consequently, the lawyers announced plans to challenge the decision at the Court of Appeal.
They maintain that the impeachment process contained significant constitutional and procedural flaws. Additionally, they intend to pursue further legal remedies through higher courts.
Judges Call for Clear Impeachment Framework
The bench also urged Parliament to enact a comprehensive legal framework for future deputy presidential impeachment proceedings. Consequently, the judges emphasized the need for clearer procedures under Article 150 of the Constitution.
They noted that a dedicated law would strengthen fairness, consistency, and transparency in future cases.
As the legal battle shifts to the appellate stage, the ruling is expected to influence Kenya’s constitutional jurisprudence and future impeachment processes for years to come.
