Kingi says Senate will challenge Sh 50 million award in Gachagua impeachment case

The Senate has moved to challenge a High Court decision that faulted how it handled the impeachment proceedings against former Deputy President Rigathi Gachagua, with the Speaker confirming that an appeal will be filed over findings that the House violated fair trial rights during the process.

In a formal communication to Senators, Speaker Amason Kingi set out the Senate’s position following the judgment delivered on June 8, 2026, in Constitutional Petition No. E565 of 2024, noting that the House was fully represented in the case as the 3rd and 4th respondents.

“From listening to the Judgement and the media summary of the Judgement issued by the Court yesterday, 8th June, 2026, it is clear that certain findings and final orders of the Court with respect to the conduct, by the Senate, of the impeachment proceedings with respect to Rigathi Gachagua, have been faulted in that judgement.” Kingi said.

He pointed to the court’s finding that the former Deputy President’s rights were violated during the impeachment hearing, especially over the refusal to grant an adjournment request.

The High Court held that the decision to proceed without allowing an adjournment amounted to a breach of fair trial protections under Article 47 and 50, stating:

“The right to a fair trial under Article 47 and 50 We find that Gachagua’s rights were infringed when the Senate declined to allow an adjournment. This violation constitutes both a vindication of his rights and a recognition of the constitutional infirmity in the process but does not undo the impeachment itself given the finality of Article 145(7) and the constitutional absurdity that would arise from dual incumbency.”

The court further issued declaratory orders confirming violation of rights and awarded constitutional damages of Sh 50 million.

“A declaratory order is hereby issued that Gachagua’s fair trial rights were infringed when the Senate declined to allow an adjournment in the impeachment proceedings despite his absence.” Kingi said.

“The Court awards constitutional damages of Kshs. 50 million to Gachagua payable by the Senate to vindicate the Constitution, restore the dignity of the affected party and deter future violations.” Kingi said.

Despite the ruling, Kingi maintained that the Senate acted within its constitutional mandate and exercised proper discretion, saying the decision on adjournment was based on lack of supporting evidence.

He confirmed that the Senate has already begun steps to appeal, including requesting certified proceedings and filing a notice of appeal.

“We have instructed our counsel to apply for certified copies of proceedings and file a Notice of Appeal immediately.”

Kingi defended the decision to reject the adjournment request, arguing that it was not supported by evidence that would justify delaying the proceedings.

“In essence, the High Court is telling this Senate that it had to allow an adjournment request that was not backed by any evidence to support a claim of illness or other reason for the unavailability of the former Deputy Deputy President.”

He further said the Senate exercised lawful discretion as a quasi-judicial body.

“The discretion to grant an adjournment is not automatic. It must be exercised judiciously, balancing the right to a fair trial with the constitutional mandate to avoid unnecessary delays and dispose of cases judiciously.”

Kingi also disputed the court’s interpretation of fair trial rights in relation to absence from proceedings.

“No Court, properly interpreting the Constitution, should find that the right to fair trial has been violated because an accused person has chosen to absent himself from his trial or any part of it, without providing sound reasons or evidence for that course of conduct.”

He said the Senate will challenge both the declaratory orders and the award of damages at the Court of Appeal.

“The declaratory order has no basis because Gachagua’s fair trial rights were not infringed.”

“The order for constitutional damages of Kshs. 50 million to Gachagua, being predicated on the erroneous findings and declaratory Orders of the Court will similarly be challenged.”

Kingi reaffirmed the Senate’s commitment to the Constitution and rule of law while defending its institutional independence.

“The Senate is first to pledge fidelity to the supremacy of the Constitution and all the in-built principles of the rule of law and separation of powers.”

“In similar vein, the Senate will robustly stand in defence of the Constitution from derogation and violation from any quarter not least the Courts of law.”