A heated political and legal debate has erupted after the High Court on Monday, June 8, 2026 upheld former deputy president Rigathi Gachagua’s impeachment but awarded him Sh50 million for violation of his right to a fair hearing.
The ruling has divided leaders and legal experts, with some calling it contradictory while others say it confirms Parliament’s authority. Attention has now shifted to the Court of Appeal, where the matter is likely to be challenged.
The judgment was delivered by a three-judge bench comprising Justice Eric Ogolla, Justice Anthony Mrima, and Justice Freda Mugambi. The court upheld the Senate’s decision to remove Gachagua from office but found that senators breached fair hearing rules by refusing to adjourn proceedings when he was absent. On that basis, the court awarded him Sh50 million in damages but did not overturn the impeachment.
The decision immediately triggered criticism from legal experts and political leaders who questioned how a court could confirm a rights violation yet still uphold the outcome. Former Law Society of Kenya president Faith Odhiambo said the ruling raises “serious and legitimate questions” for Kenya’s constitutional jurisprudence.
LSK President Charles Kanjama also pointed to inconsistencies in the judgment, arguing that a fair hearing violation normally invalidates proceedings. He said the Court of Appeal could change any part of the decision.
Lawyer Willis Otieno said the ruling leaves key questions unresolved on how procedural fairness affects the validity of Senate decisions, adding that higher courts may need to clarify the issue.
Lawyer Miguna Miguna called the ruling flawed and said the impeachment should have been nullified, arguing the process was rushed and politically driven.
Opposition leaders also rejected the outcome. Eugene Wamalwa's DAP-K party termed it “biased, unfair, and skewed,” questioning how a violation of fair hearing rights could stand without affecting the impeachment. Former nominated senator Millicent Omanga also said due process should have overturned the decision instead of awarding damages alone.
Government allies defended the ruling. Esther Passaris said it affirmed the constitutional process that led to Deputy President Kithure Kindiki assuming office and called for unity and focus on development.
"Congratulations, Your Excellency Deputy President H.E Dr. Kithure Kindiki on the court’s affirmation of the constitutional process that led to your assumption of office." She posted.
Senate Majority Leader Aaron Cheruiyot says that the House will challenge the High Court's decision to award former Deputy President Rigathi Gachagua Sh50 million for violation of his right to a fair hearing, with Senate Majority Leader Aaron Cheruiyot maintaining that the House gave him sufficient opportunity to defend himself during the impeachment proceedings.
According to Cheruiyot, the Senate conducted the proceedings in line with its mandate and did not deny Gachagua the chance to respond to the allegations that led to his removal from office.
Kapseret MP Oscar Sudi said the court had already ruled and there should be no further debate.
Nyeri governor Mutahi Kahiga, however, termed the ruling a miscarriage of justice and urged Gachagua to pursue further legal action.
As the case heads toward the Court of Appeal, leaders including Makueni Senator Daniel Maanzo say the next ruling could determine whether the impeachment stands or is ultimately overturned.