"I don't want the money", Gachagua backtracks on Sh50m award
National
By
Nancy Gitonga
| Jun 24, 2026
Former Deputy President Rigathi Gachagua will not accept the Sh50 million compensation awarded to him by the High Court for the violation of his constitutional rights during his impeachment proceedings, his lawyer Senior Counsel Paul Muite has clarified.
The clarification comes days after Gachagua filed a notice of appeal challenging the High Court judgment that upheld his impeachment while preserving several findings made in his favour, including the award of constitutional damages.
In a statement issued on Wednesday, issued on Wednesday, Muite said the filing of the notice of appeal should not be interpreted to mean that Gachagua is willing to accept the compensation awarded by the court.
"Rigathi Gachagua publicly rejected the Sh50 million, awarded to him in the High Court Judgment, terming it an 'insult' in the context of the High Court's express findings that his Constitutional Rights to a fair trial under Articles 47 and 50 of the Constitution were violated," Muite said.
He added: "This remains the position. The Notice of Appeal does not change this position. H.E. Rigathi Gachagua will not accept that Sh50 million."
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The Senior Counsel further stated that although the State would pay his client Rigathi Gachagua, the millions awarded by the court he would not accept the money.
"Even if the Sh50 million were sent to him, he would promptly return it to the sender," Muite said.
Muite's clarification followed the notice of appeal indicating that Gachagua had sought to preserve the damages award while appealing other portions of the judgment delivered by Justices Eric Ogola, Anthony Mrima and Freda Mugambi on June 8, 2026.
The former Deputy President's notice of appeal stated that he intended to challenge the entire judgment except several findings that were favourable to him, among them the declaration that his right to a fair hearing was violated during the Senate impeachment proceedings and the court's award of Sh50 million in constitutional damages.
However, Muite now maintains that despite the legal position reflected in the notice of appeal, Gachagua's publicly stated stance remains unchanged and that he considers the compensation inadequate given the court's findings that his constitutional rights were infringed.
The three-judge bench had found that Gachagua's fair trial rights were violated when the Senate declined to adjourn impeachment proceedings despite his absence, but nevertheless upheld the impeachment process.
To vindicate the constitutional violation, the court awarded him Sh50 million payable by the Senate.
His substantive appeal is expected to challenge the court's decision to uphold the impeachment despite finding that his constitutional rights to fair administrative action and a fair hearing had been violated.
The Court of Appeal will now be called upon to determine whether the impeachment can stand in light of those findings and address the broader constitutional questions arising from the landmark case