Former Deputy President Rigathi Gachagua has moved to the Court of Appeal to challenge key sections of a High Court judgment on his impeachment, even as he retains a Sh50 million compensation award arising from the same ruling.
The appeal follows a landmark decision delivered on June 8, 2026, in which the High Court upheld parts of the impeachment process but found that Gachagua’s constitutional right to a fair hearing had been violated when the Senate proceeded with hearings in his absence.
The three-judge bench awarded Gachagua Sh50 million in damages, holding that the compensation was necessary to vindicate his constitutional rights and reinforce accountability in public office proceedings.
Court documents filed by Gachagua indicate that he is dissatisfied with several findings made by the High Court and wants the Court of Appeal to overturn aspects of the judgment relating to the legality of the impeachment process.
However, the former Deputy President has not challenged the court’s findings on the violation of his right to a fair hearing, the High Court’s jurisdiction to hear the matter, or its authority to grant constitutional remedies, including monetary compensation.
The appeal means Gachagua continues to benefit from the Sh50 million award, which was ordered against the Senate and is expected to be settled using public funds.
The development has sparked debate among legal and political observers, with some questioning the decision to retain compensation while simultaneously seeking to overturn other portions of the judgment.
Others argue that constitutional damages remain valid unless successfully challenged or set aside by a higher court.
The High Court also directed Parliament to enact a clear legal framework governing the impeachment of a Deputy President under Article 150 of the Constitution. That recommendation has not been contested in the appeal.
The case is now set to proceed before the Court of Appeal, where judges will be asked to determine whether parts of the High Court judgment should be overturned or upheld.
