Gachagua confirms plan to appeal High Court impeachment ruling
By Kenneth Mwenda, June 9, 2026In a decisive legal move, former Deputy President Rigathi Gachagua has confirmed he will appeal the High Court judgement that upheld his 2024 impeachment while awarding him Ksh50 million in damages for violation of fair hearing rights.
Speaking during a press conference in Nairobi on Tuesday, 9 June 2026, Gachagua said he respects the judiciary but strongly disagrees with its findings on both law and fact.
“We stand here today with tremendous respect to the judiciary of our country,” he said. “While we respect the ruling of the High Court, we totally and fundamentally disagree with the interpretation of the law and application of facts.”
He added that the court had ignored key constitutional protections, especially the right to a fair hearing.
“The long-standing legal principle of natural justice and the right to a fair hearing has been trashed and ignored in broad daylight,” he said.
Gachagua confirmed that he will challenge the judgment at the Court of Appeal, saying the Constitution provides clear structures for appeal and further review.
“We shall proceed for an appeal at the Court of Appeal on the decision and hope that justice shall prevail,” he said.
He further stated that Kenya’s Constitution allows final review at higher courts.
“The framers of the Constitution provided for an appellate and Supreme Court. We believe we shall fight to get justice one day.”
Criticism of High Court judgment
The three-judge bench comprising Justices Eric Ogola, Freda Mugambi and Anthony Mrima delivered the 350-page judgment on Monday, June 8, 2026. The court found that Gachagua’s right to fair hearing under Article 50 of the Constitution was violated during Senate proceedings.
However, the same court upheld the impeachment, concluding that the process still met constitutional thresholds.
Gachagua rejected that outcome, calling it contradictory.
“It is lost on all of us how the actions or decisions of Parliament, categorically determined by the three-judge bench as unconstitutional and a product of an unfair process, can then be deemed valid by the same bench,” he said.
He described the ruling as “a paradox” and said it undermines public confidence in judicial reasoning.
“Those contradictions are an abuse to the intelligence of the people of Kenya,” he said.
He argued that once the court found violations of Articles 25, 47 and 50 of the Constitution, the impeachment process automatically collapsed.
“Once that determination was made, the entire process collapsed and was null and void. There was no impeachment,” he said.
Gachagua also cited Article 25, which protects non-derogable rights, and Article 47, which guarantees fair administrative action. He maintained that these protections cannot be limited under any circumstances.
“This was a constitutional coup and an abuse of the people of independent Kenya,” he added.
Dispute over Senate procedure
The former Deputy President also criticised the Senate’s impeachment process. He said the court itself found that the Senate failed to use a select committee and instead moved directly to plenary.
He argued that the Senate wrongly relied on a Supreme Court precedent from the “Sonko case,” which related to the impeachment of a county governor.
“The Senate instead moved directly to plenary and relied on a decision that concerned governors, not a Deputy President,” he said. “This was exceptionally incomprehensible.”
Gachagua maintained that the court should have set aside the impeachment entirely after finding constitutional violations.
Ksh50 million award rejected
The High Court ordered that Gachagua be awarded Ksh50 million for violation of his right to a fair hearing. The court said the award was meant to vindicate constitutional rights and deter future violations.
However, Gachagua dismissed the compensation.
“The Ksh50 million awarded to me is an insult to my fundamental rights and freedoms and a mockery of the Constitution,” he said. “We are not interested. Money was never the issue here. Justice and constitutional supremacy was.”
He insisted that his case has always been about principles, not financial gain.
Gachagua also referred to what he described as earlier attempts to influence his resignation during the impeachment process. He claimed he rejected a reported Ksh2 billion offer.
“If I were interested in money, I was offered Ksh2 billion to step aside,” he said. “I rejected this offer and faced the National Assembly. No amount of money can stand between me and my constitutional rights.”
He added that his decision was guided by his duty to voters who elected him in 2022.
“I stood for my rights and the rights of over seven million Kenyans who voted for me,” he said.
Gachagua said he has already consulted his legal team led by Senior Counsel Paul Mwite and instructed them to file an appeal.
“We have clearly analysed the judgment and instructed our lawyers to challenge it at the Court of Appeal,” he said.
He called on his supporters to remain calm as the case moves to the appellate court.
“We respect the judiciary, but we will pursue justice through legal means,” he said.
Senate defends impeachment, plans appeal
Following the ruling, Senate Majority Leader Aaron Cheruiyot said the Senate will also challenge parts of the judgment at the Court of Appeal, especially the findings on fair hearing.
In a statement posted on X on Tuesday, June 9, 2026, Cheruiyot maintained that senators gave Gachagua adequate opportunity to defend himself during the impeachment process.
“As the Senate, we shall definitely appeal the High Court’s finding on fair trial. We accorded Gachagua the opportunity to be heard orally and via his filed submissions,” he said.
Cheruiyot also defended the conduct of the Senate, saying Gachagua attempted to delay the proceedings. “He chose, as most impeached persons do when they appear before the Senate, to deploy delay tactics. We said no,” he added.