Political analyst Herman Manyora says the High Court judgment on the impeachment of former Deputy President Rigathi Gachagua may have opened a strong path for appeal, arguing that key findings on violations of fair hearing rights could shape the case at the Court of Appeal.
Speaking during a Radio Generation interview on Tuesday, Manyora said that although the High Court upheld the impeachment, parts of the ruling may become central in the next stage of the legal battle. He noted that while the judgment was clear, it still leaves several issues for higher courts to determine.
Manyora praised the judges for delivering the ruling quickly and clearly, saying it reflected efficiency in handling matters of public interest.
“On the onset, I must say the judges did their best. It's commendable. Here we have judges who can deliver a judgment in such a short time. This is what this country needs, judges who know the importance of not delaying justice on matters of public interest, and they deliver the judgment in record time,” he highlighted.
He further argued that the ruling had narrowed the issues that the Court of Appeal will now have to consider, saying the key questions are already clearly outlined.
“The best from this judgment is that they have distilled the issues for the Court of Appeal. Their work was basically to prepare this judgment for appeal. The Court of Appeal will have a very easy time because the issues are there, hanging. You can't run away from them,” he explained.
Although the High Court upheld Gachagua’s removal from office, Manyora said some of the findings give the former deputy president grounds for optimism as he prepares for an appeal.
Gachagua was impeached in October 2024 following a breakdown within the Kenya Kwanza administration.
The process began when Kibwezi West MP Mwengi Mutuse moved an impeachment motion on October 1, 2024, citing gross violation of the Constitution, corruption, ethnic discrimination, and undermining the President.
On October 8, 2024, the National Assembly voted 281 in favour, 44 against and one abstention, clearing the required threshold.
The matter then proceeded to the Senate, which on October 17, 2024 voted to remove him, with about 54 of 67 Senators supporting the impeachment on key counts, exceeding the two-thirds requirement.
Gachagua later challenged the process in court, arguing that his right to a fair hearing had been violated during the proceedings.
The High Court on Monday, June 8, 2026 upheld the impeachment but found procedural irregularities, including a breach of the right to fair hearing, and awarded damages while still maintaining his removal from office.
Manyora said the most critical part of the ruling was the court’s finding on the Senate proceedings and fair trial rights.
“The Senate is conducting a trial. When it comes to a trial, the right to a fair trial is paramount. The right to a fair trial was denied to Gachagua at the Senate when it was conducting a trial. To that extent, nothing else stands,” he argued.
He added that the finding is likely to be challenged through a cross-appeal and could become central in determining the final outcome of the case.
According to him, the ruling may ultimately shape how the Court of Appeal handles the dispute.
“Once it holds, the whole impeachment process collapses. That's why I'm saying this judgment is good. It makes the work of the Court of Appeal very simple, extremely simple and clear and straightforward,” he explained.
The case is now expected to proceed to the Court of Appeal, where Gachagua is seeking to overturn the High Court decision, arguing that the Senate trial violated his constitutional right to a fair hearing and that the procedural flaws should have invalidated the entire impeachment.
He is also pushing to have his political rights restored, including eligibility to contest future elections, as the appeal process continues.
Manyora said the legal battle is far from over and expects the matter to remain active in the appellate courts as both sides pursue further legal remedies.
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