NAIROBI, June 8, 2026 — The High Court has upheld the Senate’s decision to remove former Deputy President Rigathi Gachagua from office but ordered the Senate to pay him Ksh50 million in constitutional damages, finding that his right to a fair trial was violated during the impeachment proceedings.
The landmark ruling was delivered on Monday by a three-judge bench comprising Justices Eric Ogola, Anthony Murima, and Freda Mugambi at the Milimani Law Courts in Nairobi. The court dismissed all petitions challenging the impeachment but simultaneously found serious procedural irregularities in how the Senate handled Gachagua’s case — marking a first of its kind ruling under Kenya’s 2010 Constitution.
“The prayer seeking to quash the resolution of the Senate to impeach Gachagua is hereby declined. A declaratory order is hereby issued that Gachagua’s fair trial rights were infringed when the Senate declined to allow an adjournment in the impeachment proceedings despite his absence,” Justice Ogola stated in the ruling.
The court found that the Senate’s refusal to grant an adjournment while Gachagua was hospitalised during the proceedings denied him a sufficient opportunity to defend himself — a violation of his constitutional right to a fair hearing.
“The court awards constitutional damages of Kenya Shillings 50 million to His Excellency Gachagua payable by the Senate to vindicate the Constitution, restore the dignity of the affected party, and deter future violations,” the bench ruled.
Despite the damages award, the court was clear that the compensation did not overturn the impeachment. Gachagua’s removal from office in October 2024 — the first time a sitting deputy president has been removed through the constitutional impeachment process in Kenya’s history — remains in force.
The bench also upheld the validity of the parliamentary procedures used during both the National Assembly and Senate stages, rejecting arguments that the proceedings were unconstitutional on grounds of gender non-compliance and alleged bias among lawmakers.
“The mere fact that legislators belong to particular political parties, hold political views or have publicly expressed opinions on an impeachment matter does not, by itself, constitute constitutional bias or invalidate impeachment proceedings,” Justice Ogola noted.
Gachagua, who was absent from court during the delivery of the ruling, had shifted his legal strategy away from seeking reinstatement to pursuing financial compensation and restoration of benefits. He is separately seeking more than Ksh80 million from the government, including salary gratuity, pension, and state privileges such as official vehicles and security detail.
On those claims, the bench made no findings, stating that Gachagua was free to pursue them before an appropriate forum.
The court further called on Parliament to enact a dedicated statutory framework to govern future impeachment proceedings for a deputy president under Article 150 of the Constitution. Each party was directed to bear its own costs, given the public interest nature of the case.
