Former Deputy President Rigathi Gachagua has rejected the Sh50 million constitutional damages awarded to him by the High Court, saying the decision falls short of justice after the court found that the senate violated his rights during the impeachment proceedings that led to his removal from office.
Gachagua confirmed that he will move to a higher court to challenge the judgment, setting the stage for another major legal battle over one of the most consequential impeachment cases in Kenya’s political history.
“The Sh50 million awarded to me is an insult and a mockery of the constitution,” Gachagua said.
The High Court on Monday upheld Gachagua’s impeachment but awarded him Sh50 million in damages after finding that his right to a fair hearing was violated when the Senate declined to adjourn proceedings despite his illness. The court ruled that although the violation had been established, it was not sufficient to nullify the impeachment or reverse his removal from office.
In its ruling, the three-judge bench found that the damages were meant to vindicate the constitution, restore the dignity of the affected party and deter future violations. The award is payable by the senate.
However, Gachagua has dismissed the award and maintained that the finding that his rights were violated should have had a direct consequence on the impeachment itself.
“I'm shocked by the 350-page decision of the three-judge bench of the High Court of Kenya pronouncing itself and holding that my right to fair hearing under article of the constitution was violated and then ironically purporting to uphold the impeachment,” added the DCP party leader.
His decision to appeal now shifts the political and legal focus to the Court of Appeal, where he is expected to challenge both the validity of the impeachment and the High Court’s refusal to quash the Senate’s decision.
“We shall proceed for an appeal at the Court of Appeal on the decision and hope that justice shall prevail. The framers of the constitution provided for an Appellate and a Supreme Court. We believe we shall fight to get justice one day,” said Gachagua.
The judgment has created a complex legal outcome. On one hand, the court agreed with Gachagua that the Senate breached his fair trial rights during the proceedings. On the other, it upheld the impeachment, finding that the process met the constitutional threshold and that the violation did not invalidate the final decision.
The bench, comprising Justices Eric Ogola, Anthony Mrima and Freda Mugambi, also found that the National Assembly conducted sufficient public participation before the impeachment motion was processed. It further dismissed claims that the speakers of the National Assembly and Senate, as well as MPs and senators, were biased, saying the allegations were not supported by evidence.
The ruling also affirmed the appointment of Kithure Kindiki as Deputy President, effectively closing the door, at least at the High Court level, on any immediate reinstatement claim by Gachagua. The judges held that overturning the impeachment at this stage would raise serious constitutional complications, given that the office is currently occupied.
But Gachagua’s rejection of the damages award signals that the dispute is far from settled. His legal team is expected to argue that once the court found that his fair hearing rights had been violated, the proper remedy should have been to invalidate the Senate proceedings rather than preserve the impeachment.
The senate is also expected to challenge parts of the ruling, particularly the Sh50 million damages award.
Legal observers say the appeal could reopen fundamental questions on impeachment law, including whether a breach of fair trial rights during a senate impeachment hearing should automatically nullify the outcome, or whether courts can separate procedural violations from the final political decision.
Politically, the appeal will keep Gachagua’s impeachment at the centre of national debate as the country moves deeper into the 2027 election cycle. Since his removal, Gachagua has remained an active political figure and has repeatedly framed the impeachment as unfair and politically motivated.
“I was to tell William Ruto and his supporters that it is I Rigathi Gachagua who mobilised four million votes to make him president and I’ll mobilize ten million votes to take him home. I and my supporters can make another president,” said Gachagua at his Karen residence.
The High Court ruling gives him a partial legal victory by confirming that his rights were violated, but its refusal to overturn the impeachment leaves his political future dependent on the outcome of the next phase of litigation.
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