Karen Nyamu: Senate to appeal Ksh50M award in Gachagua impeachment case over budget constraints
By Faith Lagat, June 9, 2026Nominated Senator Karen Nyamu has said the Senate will appeal the Ksh50 million constitutional damages awarded to former Deputy President Rigathi Gachagua, citing budget constraints.
In a Facebook post dated June 8, 2026, Nyamu said the Senate’s appeal is focused on the financial award issued by the High Court in the impeachment case.
“Meanwhile, Senate is appealing this decision because we simply do not have the unallocated budget for a Ksh 50 million award,” she wrote.
The three-judge bench comprising Justices Erick Ogolla, Anthony Mrima, and Fred Mugambi upheld Gachagua’s impeachment by the Senate, finding that the constitutional threshold for removal from office had been met.
However, the court also found that senators violated his right to a fair hearing after they declined an adjournment request on medical grounds, and awarded him Ksh50 million in damages payable by the Senate.
The judges said the award was intended to vindicate constitutional rights, restore dignity, and deter future procedural violations.
Court reasoning and constitutional interpretation
Nyamu described the ruling as an application of constitutional pragmatism and judicial restraint, arguing that the court balanced procedural violations against the consequences of overturning a completed political process.
She cited the doctrine of fait accompli, stating that once a new deputy president is lawfully sworn into office, reversing the impeachment could create an institutional vacuum.
“The stability of the constitutional order remains paramount,” she stated.
Nyamu added that while procedural compliance is required, courts must also consider the implications of their remedies on the functioning of state institutions.
She further confirmed that the Senate’s appeal is limited to the monetary award, citing budgetary limitations affecting the institution.
Legal debate on impeachment ruling
“The Court of Appeal can alter any aspect of the High Court’s decision,” he said.
He noted that the appellate court may uphold or overturn the impeachment, revise the compensation, or reconsider whether fair hearing rights were violated.
Kanjama also pointed to unresolved legal questions on eligibility for future elections under constitutional provisions governing removal from office.
The ruling has prompted wider legal debate on how courts should balance procedural fairness with finality in impeachment proceedings.
Political reactions and next steps
Kibwezi West MP Mwengi Mutuse, who sponsored the impeachment motion, welcomed the High Court’s affirmation of the Senate’s process.
He called for stronger legal safeguards to regulate the political participation of impeached leaders under Article 38, arguing that gaps in current law require legislative review.
Gachagua, who followed the ruling from his home alongside his wife Reverend Dorcas Rigathi and opposition leaders including Kalonzo Musyoka and Eugene Wamalwa, has indicated plans to challenge the decision.
His legal team has maintained that he will pursue appeal options while urging supporters to remain calm.
The case is expected to proceed to the Court of Appeal, where issues surrounding parliamentary authority, fair hearing rights, and constitutional remedies will be further examined.