By Joshua Otieno | June 9, 2026
NAIROBI, KENYA — A three-judge bench of the High Court has upheld the impeachment of former Deputy President Rigathi Gachagua, ruling that Parliament acted within the Constitution in removing him from office.
In a landmark judgment delivered on Monday, June 8, 2026, the bench comprising Justices Eric Ogola, Anthony Mrima and Freda Mugambi dismissed consolidated petitions challenging Gachagua’s October 2024 impeachment, affirming that both the National Assembly and the Senate followed the constitutional process.
The court ruled that Parliament substantially complied with constitutional requirements, including public participation and the threshold needed to impeach a Deputy President. Judges further found that the fast-tracked process leading to Gachagua’s removal and the appointment of Deputy President Kithure Kindiki was lawful.
According to the ruling, the impeachment process met the legal and constitutional standards required under Kenyan law.
However, the judges faulted the Senate for violating Gachagua’s constitutional right to a fair hearing after declining to adjourn proceedings when he reportedly fell ill during the impeachment trial.
The court found that the Senate’s decision denied the former Deputy President an adequate opportunity to fully participate in proceedings affecting his political future.
As a result, the judges awarded Gachagua KSh50 million in constitutional damages as compensation for the violation of his rights.
“The refusal to grant an adjournment amounted to a violation of the petitioner’s right to a fair hearing,” the judges ruled, while emphasizing that the procedural violation did not invalidate the impeachment outcome.
Despite the financial compensation, the ruling means Gachagua’s impeachment remains in force, effectively locking him out of public office unless overturned on appeal.
Gachagua’s legal team has already rejected the damages award as insufficient and confirmed plans to challenge the judgment at the Court of Appeal.
The decision now sets the stage for yet another legal and political battle as the former Deputy President seeks to overturn one of the most consequential impeachments in Kenya’s recent political history.
