Former Deputy President Rigathi Gachagua has taken his impeachment battle to the Court of Appeal, seeking to overturn a High Court judgment that upheld his removal from office while still holding on to parts of the ruling that awarded him Sh50 million and found that his rights were violated.
In a notice of appeal filed after the June 8, 2026 judgment, Gachagua says he is dissatisfied with the decision that confirmed his impeachment but is not challenging every part of it, choosing instead to exclude findings that favoured him.
The High Court decision by Justices Eric Ogola, Anthony Mrima and Freda Mugambi upheld the legality of the 2024 impeachment process that led to his removal, but also found that the Senate breached his right to a fair hearing during the proceedings.
In the notice, Gachagua indicates that he is appealing against the judgment as a whole, except for specific findings he is not contesting.
"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"
He is not disputing the court’s finding that the impeachment process was subject to constitutional scrutiny, nor the position that the High Court had jurisdiction under Articles 22, 23 and 165 of the Constitution to examine whether Parliament acted within the law.
He also accepts the court’s position affirming its powers under Article 23 to grant remedies, including declarations, injunctions, compensation and judicial review orders where rights are violated.
"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,"
Among the findings he is retaining is the declaration that the Senate violated his right to a fair hearing after it declined to grant an adjournment request despite his absence during the impeachment proceedings.
The court held that while Parliament has authority to conduct impeachment proceedings, that power must still meet constitutional standards of fairness and due process.
Gachagua is also not challenging the recommendation that Parliament develops a clear legal framework to guide the impeachment of a Deputy President under Article 150 of the Constitution.
He further seeks to preserve the Sh50 million constitutional damages awarded against the Senate, which the court said was meant to affirm constitutional values, restore dignity and deter future violations.
Even with those findings intact, Gachagua is pushing to have the Court of Appeal overturn the final decision that upheld his impeachment.