Revealed: Why Gachagua skipped court during landmark ruling on his impeachment
By Lutta Njomo, June 8, 2026Former Deputy President Rigathi Gachagua was not present in court on Monday, June 8, 2026, even as the High Court upheld his impeachment from office.
Gachagua instead followed the proceedings at home together with Reverend Dorcas Gachagua and opposition leaders Kalonzo Musyoka and Eugene Wamalwa.
Speaking immediately after the verdict, Kirinyaga Woman Representative Njeri Maina, who was among the lawyers representing Gachagua in the impeachment case, stated that it was not mandatory for Gachagua to physically attend the court session.
She further revealed that Gachagua’s decision was informed by reports that there were plans to implicate the former DP if something happened after the verdict.
“Our client was watching from home with his family. It is not mandatory that the client attend. Given that there was propaganda that there could be something planned, we would not want him implicated in anything,” Njeri Maina stated.
“He is a peace-loving Kenyan. He has called upon his supporters to take whatever the outcome, knowing that we shall proceed to the Court of Appeal,” she added.
Gachagua’s absence attracted significant attention, given that he had personally attended several previous court sessions. During those appearances, he was often accompanied by members of his family, led by his wife, Dorcas Rigathi, who sat beside him throughout the hearings in a show of solidarity.
Gachagua’s earlier message to supporters
Speaking during a church service at PCEA Muteero Church in Karen on Sunday, June 7, 2026, Gachagua said supporters should remain calm regardless of the outcome of the case.
“I want to urge my supporters across the country, irrespective of the outcome, to remain calm and peaceful,” he said.
The former deputy president asked his supporters to avoid violence and any actions that could undermine public order.
The ruling
However, High Court upheld Gachagua’s impeachment but awarded him Ksh50 million in damages, finding that senators violated his right to a fair hearing during the proceedings.
The court ruled that while the impeachment itself met the constitutional threshold and would stand, aspects of the process fell short of the fair-trial standards guaranteed by 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.
“The court awards constitutional damages of Kenya Shillings 50 million to His Excellency Gachagua payable by the Senate to vindicate the Constitution, restore the dignity of the affected party, and deter future violations,” the bench stated in its ruling.
The judges noted that the compensation was aimed at restoring Gachagua’s dignity and at sending a clear signal to state organs against future breaches of fair trial protections.
The ruling was delivered at the Milimani Law Courts by a three-judge bench comprising Justices Erick Ogolla, Anthony Mrima, and Fred Mugambi.