By Perez Karisa, June 23, 2026
Former Deputy President Rigathi Gachagua has formally escalated his legal battle to the Court of Appeal after filing a notice challenging the High Court’s June 8, 2026 judgment that upheld his removal from office following the 2024 impeachment process.
According to court documents filed on June 23, 2026, Gachagua’s legal team expressed dissatisfaction with the decision delivered by a three-judge bench comprising Justices Eric Ogola, Anthony Mrima, and Lady Justice Dr. Freda Mugambi. The bench had largely dismissed his consolidated petitions, which sought to overturn the impeachment process and nullify his removal from office.
The High Court ruling had affirmed the legality of the impeachment proceedings that led to Gachagua’s ouster in October 2024, while also addressing claims of procedural irregularities, alleged bias, and insufficient public participation. However, the former Deputy President has now moved to contest the entirety of the judgment, setting the stage for a prolonged appellate battle.
In his notice of appeal, Gachagua argues that the High Court erred in its final conclusions, particularly on findings that validated the parliamentary impeachment process and the subsequent assumption of office by his successor, Deputy President Kithure Kindiki. His appeal seeks a full reversal of the judgment that sustained his removal from office.
Despite this broad challenge, the former Deputy President is not contesting certain aspects of the ruling. Notably, he has accepted the High Court’s position that impeachment proceedings fall within the scope of judicial review under Articles 22, 23, and 165 of the Constitution, reaffirming the judiciary’s authority to scrutinize parliamentary processes.
His legal team is, however, seeking to preserve specific favorable findings from the High Court ruling, particularly a determination that the Senate violated his right to a fair hearing. The court had found that he was denied an adjournment when he fell ill during the proceedings, a procedural lapse that resulted in a Ksh 50 million constitutional damages award against the Senate.
Gachagua’s lawyers intend to retain that compensation award even as they push for the broader decision on his removal to be overturned, highlighting the complex legal positioning in the case.
In addition, the former Deputy President has aligned himself with the High Court’s recommendation that Parliament establish a clear legislative framework to govern impeachment proceedings under Article 150 of the Constitution. The court had noted gaps in the legal structure guiding deputy presidential removal, calling for reforms to enhance fairness and procedural clarity.
The appeal marks the latest development in a politically significant legal contest that continues to shape Kenya’s post-2024 political landscape. Observers say the case carries major implications not only for Gachagua’s political future but also for the interpretation of constitutional processes governing the removal of senior state officers.
As the matter now moves to the Court of Appeal, attention will focus on whether the appellate court will uphold the High Court’s findings or reopen questions surrounding the legality and fairness of the impeachment process.
The outcome is expected to play a key role in shaping the political trajectory ahead of the 2027 General Elections, particularly regarding Gachagua’s eligibility and potential return to frontline politics.
