High Court Upholds Rigathi Gachagua’s Impeachment
Written by Edgar Ombati on June 9, 2026
The High Court in Nairobi yesterday , Monday,June 8 2026,delivered its long-awaited judgment on former Deputy President Rigathi Gachagua’s impeachment case. A three-judge bench of Justices Eric Ogola, Anthony Mrima, and Freda Mugambi upheld the Senate’s October 2024 decision, ending nearly 20 months of legal battles.
The court dismissed consolidated petitions challenging Gachagua’s removal from office. It found that both the National Assembly and Senate acted within the Constitution and followed required procedures.
It found that the process was constitutional and Parliament had the mandate to consider and determine the impeachment. Claims that Parliament lacked authority due to the two-thirds gender principle were dismissed as unfounded.
The court also found out that The National Assembly conducted public participation in line with the Constitution. The court noted that logistical challenges in large exercises don’t invalidate the whole process.
Allegations of bias or conflict of interest against Speakers and legislators were dismissed. The judges said political views alone don’t constitute constitutional bias.
The court then ruled out that it cannot reinstate an impeached Deputy President after a successor has been lawfully appointed under Article 149(1). Doing so would create two Deputy Presidents holding office simultaneously. Prof. Kithure Kindiki’s appointment was also upheld as lawful.
Compensation for fair hearing breach
While upholding the impeachment, the court found the Senate violated Gachagua’s right to a fair hearing. The Senate declined to adjourn proceedings to allow him to participate on medical grounds. For that breach, the court awarded Gachagua Sh50 million in constitutional damages to be paid by the Senate.
Since removal, Gachagua shifted his legal challenge from reinstatement to compensation and restoration of benefits. He has since positioned himself as Party Leader of Democracy for the Citizens DCP and a key figure in the United Opposition coalition ahead of 2027.
Gachagua’s legal team had indicated they would move to the Court of Appeal if the High Court ruled against them. The former DP skipped court during the judgment delivery but stated on Sunday that he was ready for whatever outcome and appealed for calm among supporters.
Parliament’s process stands, Gachagua’s removal is final, but the Senate must pay for denying him a fair hearing.
Did the High court’s ruling seal Gachagua’s political fate?
