- The Senate has appealed the High Court ruling in the Rigathi Gachagua impeachment case.
- It wants the Court of Appeal to overturn the finding that Gachagua was denied a fair hearing.
- The Senate argues he had adequate opportunity to defend himself during the proceedings.
- It also disputes the finding that his absence was justified by illness.
- The appeal challenges the KSh50 million damages awarded to the former Deputy President.
The Senate of Kenya has moved to the Court of Appeal in a bid to overturn a High Court decision that found former Deputy President Rigathi Gachagua was denied a fair hearing during his impeachment proceedings and awarded him KSh50 million in damages.
In the appeal filed by the Speaker of the Senate and the Senate itself, the appellants are challenging several findings made by Justices E.O. Ogola, Dr F. Mugambi and A. Mrima in their judgment delivered on June 8, 2026.
The central issue in the appeal is the High Court’s conclusion that Gachagua’s rights under Articles 47 and 50 of the Constitution were violated when the Senate declined to postpone the impeachment proceedings.
The Senate argues that Gachagua was given sufficient opportunity to participate in the process and present his defence. According to the appeal, his legal team had already received additional time before requesting a further adjournment.
The appellants maintain that the Senate was constitutionally required to handle the impeachment process without unnecessary delay.
The Senate says the request for more time was not arbitrarily rejected. It states that the request was introduced through a procedural motion, debated by senators and later put to a vote, where it failed to obtain the required support.
According to the appeal, the High Court improperly interfered with a discretionary decision that had been exercised by the Senate during proceedings it considers lawful.
The Senate therefore wants the appellate court to restore its authority to manage its own parliamentary procedures.
Another major ground of appeal concerns the High Court’s finding that Gachagua’s absence from the proceedings was justified by illness.
The Senate argues that, when the adjournment request was made, it had not been provided with adequate evidence demonstrating that Gachagua was medically unfit to participate or that his condition required postponement.
In its memorandum of appeal, the Senate states that the judges erred in both fact and law by concluding that his absence was sufficiently explained by illness.
The Senate is also challenging the KSh50 million compensation awarded to Gachagua.
It argues that the High Court lacked a proper legal basis for granting constitutional damages arising from the alleged violation of the former Deputy President’s right to a fair hearing.
The appellants are asking the Court of Appeal to overturn, vary or clarify the findings on constitutional violations as well as the damages award.
The dispute arises from several constitutional petitions filed in Nairobi and Kerugoya, which were later consolidated by the High Court.
The lead matter is Nairobi Petition No. E565 of 2024, involving Gachagua and other petitioners against the Senate of Kenya and other parties.
The High Court judgment found that aspects of the impeachment process violated Gachagua’s constitutional rights, leading to the damages award that is now being challenged.
In addition to seeking reversal of the judgment, the Senate has asked the Court of Appeal to order Gachagua and the other respondents to pay the costs of the appeal.
It has also requested any further orders the appellate court may consider appropriate in resolving the dispute.
The appeal sets the stage for another major legal battle over the impeachment of the former Deputy President, with the Court of Appeal now expected to determine whether the High Court correctly interpreted constitutional protections during the Senate proceedings.
