The Senate has formally acknowledged the High Court judgment in Constitutional Petition No. E565 of 2024 concerning the impeachment proceedings against former Deputy President Rigathi Gachagua, signalling its intention to challenge parts of the ruling at the Court of Appeal.

In a statement on the Parliament’s Facebook account on Wednesday, June 10, the Senate has noted that in a communication from the chair dated Tuesday, June 10, 2026, the speaker to the house, Amason Kingi, informed senators that the house had taken note of the judgement delivered by the High Court’s Constitutional and Human Rights Division in Nairobi on June 8, 2026, arising from a petition filed by Gachagua and 57 other petitioners against the speakers of both houses, the National Assembly, and the Senate.

“The Senate has taken note of the High Court judgement in Constitutional Petition No. E565 of 2024 concerning the impeachment proceedings against former Deputy President Rigathi Gachagua. In a communication from the chair, Speaker Amason Kingi outlined the Senate’s position and announced its intention to appeal aspects of the judgement,” the parliament statement read.

While affirming that the Senate participated fully in the proceedings, Kingi noted that several aspects of the judgment had raised legal concerns requiring appellate review. Central to the court’s findings was the conclusion that the right to a fair hearing under Articles 47 and 50 of the Constitution was violated during the impeachment process, particularly in relation to the refusal to grant an adjournment.

Senate defends its conduct.

However, the Senate has strongly defended its conduct, arguing that the decision to deny adjournment was grounded in judicial discretion and supported by established parliamentary procedure.

“The High Court fails to recognise that the Senate did not determine that an adjournment could not be granted. Indeed, the vote on the motion on the request for the adjournment was precisely on whether to grant the adjournment or not,” Kingi stated in the statement.

The Senate further maintains that adjournment requests must be supported by credible evidence and cannot be used to delay constitutional processes.

The High Court, nevertheless, awarded Ksh 50 million in constitutional damages, finding that aspects of the impeachment process infringed on the former deputy president’s rights.

Speaker King emphasised that while the Senate respects judicial authority, it has a constitutional obligation to defend its institutional independence where necessary. Legal counsel has since advised that several findings in the judgement warrant an appeal, prompting preparations to escalate the matter to the Court of Appeal.

The development sets the stage for a major legal showdown over the boundaries between parliamentary authority and Rigathi Gachagua’s legal team in impeachment proceedings, with far-reaching implications for future cases and the interpretation of fair trial rights under Article 50 of the Constitution.