Court Upholds Gachagua's Impeachment, Awards Damages

The High Court has upheld the impeachment of former Deputy President Rigathi Gachagua, ruling that while his right to a fair hearing was violated during Senate proceedings, this did not warrant overturning the impeachment. The court awarded Gachagua KSh 50 million in damages payable by the Senate for the infringement of his rights.

In its June 8, 2026 judgment, the three-judge bench found that Gachagua's request for an adjournment on medical grounds was denied during the Senate proceedings, violating his right to a fair hearing. However, the court ruled that this violation was not sufficient to overturn the impeachment, citing constitutional limitations and the need to preserve institutional stability.

The judges declined to quash the Senate's decision to remove Gachagua from office, maintaining that the impeachment process remained valid. As compensation for the infringement of his rights, the court awarded him KSh 50 million in damages payable by the Senate.

The court also directed Parliament to enact a statutory framework governing the removal of a Deputy President to provide greater legal clarity in future proceedings. No orders were issued regarding Gachagua's pension and benefits, while each party was directed to bear its own legal costs.

The ruling is expected to shape future constitutional and political disputes involving impeachment processes in Kenya.