Former Deputy President Rigathi Gachagua has formally moved to the Court of Appeal seeking to overturn parts of a High Court decision that upheld his impeachment, while preserving findings that were favourable to him, including the award of Sh50 million in damages.
In a notice of appeal filed after the three-judge bench delivered its ruling on June 8, 2026, Mr Gachagua signalled his intention to challenge most of the judgment arising from his 2024 impeachment process, which the High Court found to be largely constitutional.
The bench, comprising Justices Eric Ogola, Anthony Mrima and Dr Freda Mugambi, upheld the legality of the impeachment proceedings but ruled that the Senate violated his right to a fair hearing during the process. The court also awarded him Sh50 million in constitutional damages.
In the notice, Mr Gachagua indicated that he is appealing against the judgment in its entirety, except for specific portions he agrees with.
“Take notice that Rigathi Gachagua, the 1st Petitioner herein, being dissatisfied with the decision/judgment delivered at Nairobi on the 8th day of June, 2026, intends to appeal to the Court of Appeal against the whole of the decision/judgment, save for such parts of the decision,” the notice reads.
He is not contesting the court’s finding that the impeachment process was subject to judicial scrutiny, nor the conclusion that the High Court had jurisdiction under Articles 22, 23 and 165 of the Constitution to determine whether Parliament acted within constitutional limits.
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He has also accepted the court’s position affirming its power to grant constitutional remedies under Article 23, including declarations, injunctions, compensation and judicial review orders where rights are violated.
“The court has jurisdiction to issue reliefs as firmly anchored in Article 23 of the Constitution, which empowers the court to grant appropriate remedies for the enforcement of rights and fundamental freedoms,” the notice adds.
Among the findings he seeks to retain is the declaration that his right to a fair hearing was violated when the Senate declined to grant an adjournment request despite his absence during the impeachment proceedings.
The High Court had held that while Parliament has authority to conduct impeachment proceedings, that power must comply with constitutional standards of fairness and due process.
He is also not challenging the court’s recommendation that Parliament establish a clear legal framework to govern the impeachment of a Deputy President under Article 150 of the Constitution, as well as the award of Sh50 million in damages, which the court said was meant to vindicate constitutional rights and deter future violations.
Despite preserving those portions, Mr Gachagua is seeking to overturn the broader finding that his impeachment was lawful, setting the stage for a fresh legal battle at the Court of Appeal.
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