Ex-DP Rigathi Gachagua/FB
Former Deputy President Rigathi Gachagua has filed a notice of appeal at the appellate court seeking to overturn the High Court judgment that upheld his impeachment.
However, Gachagua is preserving sections of the ruling that found the Senate violated his constitutional rights and awarded him Sh50 million in damages.
In a notice of appeal filed after the three-judge bench delivered its judgment on June 8, 2026, Gachagua indicated he intends to challenge the entire decision except for specific findings that were in his favour.
The bench comprising Justices Eric Ogola, Anthony Mrima and Dr. Freda Mugambi had upheld the legality of his impeachment process undertaken in 2024 but found that the Senate violated his right to a fair hearing during the proceedings.
"Take notice that Rigathi Gachagua, the 1st Petitioner herein, being dissatisfied with the decision/judgment of delivered at Nairobi on the 8th day of June, 2026 intends to appeal to the Court of Appeal against the whole of the decision/judgment, save for such part of the decisions" the notice reads.
According to the notice, Gachagua does not intend to contest the court’s finding that the impeachment proceedings were subject to judicial consideration.
He also concedes that the High Court had jurisdiction under Articles 22, 23 and 165 of the constitution to determine whether Parliament acted within constitutional limits.
He also retained the court’s finding affirming its powers to issue constitutional remedies under Article 23, including declarations, injunctions, compensation and judicial review orders where rights and freedoms are infringed.
"The court has jurisdiction to issue reliefs as firmly anchored in Article 23 of the Constitution, which empowers the Court to grant appropriate remedies for the enforcement of rights and fundamental freedoms," the notice adds.
Among the findings Gachagua seeks to preserve is the declaration that his fair trial rights were violated after the Senate declined to grant an adjournment request despite his absence during the impeachment hearing.
The judges had held that although Parliament retains constitutional authority to undertake impeachment proceedings, that authority remains subject to constitutional safeguards and standards of fairness.
The former Deputy President is also not contesting the declaration issued by the court calling for Parliament to enact a dedicated legal framework to govern the impeachment of a Deputy President under Article 150 of the Constitution.
Additionally, Gachagua seeks to retain the award of Sh50 million in constitutional damages granted against the Senate.
The court said the award was intended to vindicate the Constitution, restore the dignity of the affected party and discourage future violations of constitutional rights.
Despite preserving those findings, Gachagua remains dissatisfied with the court’s ultimate conclusion sustaining his removal from office and now wants the Court of Appeal to revisit the judgment.
