Political analyst Herman Manyora has argued that the finding by the High Court that former Deputy President Rigathi Gachagua was denied his right to a fair trial during the Senate impeachment proceedings could prove decisive if the matter reaches the Supreme Court.

Speaking in an interview with a local TV station on Tuesday, June 9, 2026, Manyora said the Senate serves as the trial chamber in an impeachment process and is, therefore, required to uphold the constitutional right to a fair hearing.

He maintained that the High Court’s conclusion that Gachagua’s right to a fair trial was violated presents a significant legal challenge to the impeachment process.

Manyora said it is critical for lawyers supporting the impeachment to file a cross-petition when the case proceeds to higher courts. He noted that one of their primary objectives would be to overturn the section of the High Court judgement that found Gachagua’s fair trial rights had been infringed.

“Gachagua was denied the right to a fair trial by the Senate. The Senate is the trial chamber. The right to a fair trial is paramount. When I hear senior counsel saying they will file a cross-petition, it is critical. It is critical to file a cross petition because the first thing they will want to do is to quash that part of the judgement of the High Court, that Gachagua’s right to a fair trial was denied. If they don’t quash it, then the Supreme Court will quash the impeachment on that basis because the Senate is conducting a trial, and then you deny the person a right to a fair trial, and the high court says as much,” Manyora argued.

He emphasised that impeachment proceedings before the Senate are judicial in nature and must adhere to principles of natural justice. Consequently, he said, a determination by the High Court that the Senate denied Gachagua a fair hearing could become a central issue in any appeal before the higher courts.

Court ruling on Gachagua’s impeachment

The analyst’s remarks come amid ongoing legal battles surrounding Gachagua’s impeachment, with expectations that the dispute could eventually be determined by the Supreme Court if appeals and cross-appeals are filed by the parties involved.

In its ruling on Monday, June 8, 2026, the High Court upheld the impeachment of former Deputy President Rigathi Gachagua but awarded him Ksh50 million in damages, finding that senators violated his right to a fair hearing during the proceedings.

In a judgement, the court ruled that while the impeachment itself met the constitutional threshold and would stand, aspects of the process fell short of fair trial standards guaranteed under the Constitution.

The bench found that members of the Senate proceeded with hearings despite requests for an adjournment on medical grounds, concluding that the refusal to pause proceedings amounted to a violation of Gachagua’s right to a fair hearing.

The court said that although Parliament has broad constitutional authority to oversee and remove state officers, that power must be exercised in accordance with due process protections, including the right of an accused official to participate in proceedings affecting their office and rights adequately.