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Court finds Gachagua’s rights were violated, awards him Ksh50 million
08th June, 2026 09:35 PM
The High Court has upheld the impeachment of former Deputy President Rigathi Gachagua but awarded him Ksh50 million in damages, finding that senators violated his right to a fair hearing during the proceedings.
In a judgment delivered on Monday, June 8, 2026, the court ruled that while the impeachment itself met the constitutional threshold and would stand, aspects of the process fell short of fair trial standards guaranteed under the Constitution.
The bench found that members of the Senate proceeded with hearings despite requests for an adjournment on medical grounds, concluding that the refusal to pause proceedings amounted to a violation of Gachagua’s right to a fair hearing.
The court said that although Parliament has broad constitutional authority to oversee and remove state officers, that power must be exercised in accordance with due process protections, including the right of an accused official to adequately participate in proceedings affecting their office and rights.
As a result, the court ordered the Senate to pay Ksh50 million in compensation for the breach, even as it declined to overturn the impeachment outcome itself.
“The Court awards constitutional damages of Ksh50 million to his excellency Gachagua payable by the Senate, to vindicate the Constitution, restore the dignity of the affected party, and deter future violations,” the bench ordered.
However, the court noted that even though Gachagua’s rights were infringed, the violation of a fair hearing does not in any way affect the quashing of the Senate’s resolution to impeach him.
“Having found that the fair trial rights of his excellency Gachagua were infringed when the Senate declined to allow the adjournment, that in itself is a vindication of his excellency Gachagua,” the three-judge bench ruled.
“We, however, hasten to add that the violation does not have the effect of quashing the Senate’s resolution to impeach his excellency Gachagua for precisely the same reasons that we have provided with respect to the finality of the impeachment process,” the bench added.
Notably, the court also noted the need for Parliament to enact a dedicated statutory framework governing the impeachment of the Deputy President under Article 150 of the Constitution.
