Gachagua Files Appeal Notice Against High Court Ruling on His Impeachment

All Eyes on Gachagua After Impeachment Ruling Stands

Former Deputy President Rigathi Gachagua has filed a Notice of Appeal at the Court of Appeal challenging the High Court’s decision that upheld the legality of his removal from office.

The appeal follows a judgment delivered on June 8, 2026, by a three-judge bench comprising Justices Eric Ogola, Anthony Mrima, and Dr Freda Mugambi.

In a notice dated June 23, 2026, Gachagua expressed dissatisfaction with the ruling and signalled his intention to seek redress from the appellate court.

“The Petitioner herein, being dissatisfied with the decision/judgment of Justice Eric Ogola, Justice Anthony Mrima and Lady Justice Dr Freda Mugambi delivered at Nairobi on June 8, 2026, intends to appeal to the Court of Appeal against the whole of the decision/judgment,” the notice states.

Rigathi Gachagua Seeks to Overturn High Court Decision Upholding Impeachment

His appeal seeks to overturn most of the High Court’s findings regarding the legality of his impeachment.

Meanwhile, the finding that Gachagua is not challenging is the High Court’s determination that impeachment proceedings are subject to judicial scrutiny.

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The court held that judges have jurisdiction under Articles 22, 23, and 165 of the Constitution to examine whether the National Assembly and the Senate complied with constitutional requirements and respected fundamental rights during impeachment proceedings.

In the ruling, the bench said the Senate did not violate the Constitution by failing to conduct its own public participation during the impeachment of Rigathi Gachagua.

Additionally, the judges found that the public participation conducted during the impeachment of Rigathi Gachagua met the Constitutional threshold.

He has also retained the court’s finding that the High Court possesses broad remedial powers under Article 23 of the Constitution, including the authority to issue declarations, injunctions, conservatory orders, compensation awards, and judicial review remedies where constitutional violations are established.

What is Left Untouched in the Ruling

Even though Gachagua disagrees with the High Court ruling, he is not contesting the High Court’s declaration that his right to a fair hearing was violated during the Senate impeachment proceedings.

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During the ruling, the judges found that the Senate infringed on his constitutional rights when it declined to adjourn the proceedings despite his absence, thereby denying him an opportunity to fully participate in the process.

Gachagua has also accepted the court’s declaration calling on Parliament to enact a comprehensive legal framework governing the impeachment of a Deputy President under Article 150 of the Constitution.

He has further left untouched the High Court’s award of Ksh50 million in constitutional damages against the Senate, which the judges found necessary to vindicate the Constitution, restore his dignity, and discourage similar violations in future impeachment proceedings.

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