Gachagua appeals impeachment verdict, but seeks to retain Sh50 million award

Former Deputy President Rigathi Gachagua has filed a notice of appeal challenging the High Court judgment that upheld his impeachment while awarding him Sh50 million in damages for the violation of his fair trial rights.

In the notice filed before the Court of Appeal, Gachagua says he is dissatisfied with the decision delivered by Justices Eric Ogola, Anthony Mrima and Freda Mugambi on June 8, 2026, and intends to challenge the entire judgment except for five findings made in his favour.

"Take notice that Gachagua, the 1st Petitioner herein, being dissatisfied with the decision/judgment of justices Ogola, Mrima and Mugambi delivered at Nairobi on June 8, 2026, intends to appeal to the Court of Appeal against the whole of the Judgment, save for such part of the decision...." the notice reads.

The appeal marks the latest chapter in the legal battle arising from Gachagua's removal from office in 2024 through an impeachment process that was subsequently challenged in court by him and 56 other co-petitioners.

Although the former Deputy President seeks to overturn most of the court's findings, he has expressly preserved five determinations made by the three-judge bench, including the finding that impeachment proceedings are subject to judicial scrutiny and that the High Court has jurisdiction to interrogate whether Parliament acted within constitutional limits.

Gachagua is also satisfied with the court's declaration that his fair trial rights were violated when the Senate declined to adjourn the impeachment proceedings despite his absence.

"A declaratory order is issued that Gachagua's fair trial rights were infringed when the Senate declined to allow an adjournment in the impeachment proceedings despite his absence," the judges held.

The former Deputy President further seeks to retain a declaration affirming the constitutional necessity for Parliament to enact a specific legal framework governing the impeachment of a Deputy President under Article 150 of the Constitution.

Additionally, he wants to preserve the court's award of constitutional damages in the amount of Sh50 million.

"The Court awards constitutional damages of Sh50 million to Gachagua payable by the Senate, to vindicate the Constitution, restore the dignity of the affected party, and deter future violations," the judgment states.

The notice indicates that Gachagua disagrees with the remainder of the judgment, effectively setting the stage for a fresh legal contest before the appellate court over the validity of the impeachment process and the High Court's conclusions.

While Gachagua has not yet detailed the specific grounds upon which he intends to challenge the High Court ruling, the appeal is expected to place the Court of Appeal in the position of determining whether the impeachment can stand despite the High Court's finding that the former Deputy President's constitutional rights were violated during the Senate proceedings.

The appellate judges will likely be called upon to reconcile the apparent contradiction between upholding the impeachment process and finding that Gachagua was denied a fair hearing when senators declined to adjourn the proceedings despite his absence. 

The Court of Appeal is also expected to revisit several constitutional questions arising from the case, including the scope of Parliament's impeachment powers, procedural fairness during impeachment proceedings and the extent of judicial oversight over parliamentary actions.

Having formally lodged the notice, Gachagua is now expected to file a substantive appeal outlining the specific grounds upon which he seeks to overturn the bulk of the High Court's 286-page judgment.

The notice, dated June 19, 2026, has been served on all parties involved in the proceedings, including Parliament, the Attorney General, political parties, constitutional commissions and other interested parties who participated in the case.