Senate appeals KSh50 million damages awarded to Gachagua over impeachment hearing

The Speaker of the Senate and the Senate of Kenya have appealed a High Court decision that found former Deputy President Rigathi Gachagua’s right to a fair hearing was violated during his impeachment proceedings.

The appellants are challenging a judgment delivered on June 8, 2026, by Justices E.O. Ogola, Dr F. Mugambi and A. Mrima in a consolidated constitutional petition.

The Senate is particularly challenging two aspects of the judgment: the finding that Gachagua’s rights under Articles 47 and 50 of the Constitution were infringed when the Senate declined to grant him an adjournment, and the award of KSh50 million in constitutional damages against the Senate.

In its memorandum of appeal, the Senate argues that the High Court erred in finding that Gachagua was denied a fair hearing.

The appellants contend that the Senate had given Gachagua a reasonable opportunity to appear and defend himself during the impeachment proceedings, including granting additional time at the request of his lawyers.

The Senate further argues that it was constitutionally required to conclude the impeachment proceedings expeditiously and that the decision on whether to grant an adjournment fell within its discretion.

According to the appeal, the request for an adjournment was subjected to a procedural motion in the Senate, which was debated and put to a vote but was defeated.

The appellants accuse the High Court of effectively substituting its own discretion for that of the Senate despite their assertion that the parliamentary decision had been made lawfully and reasonably.

The Senate also disputes the High Court’s finding that Gachagua’s absence from the proceedings was justified by illness.

It argues that no evidence was presented to the Senate at the material time to substantiate the alleged illness or support the request for an adjournment.

“The Learned Judges erred in fact and in law in finding that the 1st Respondent’s absence was justified on account of illness,” the Senate says in its memorandum.

The appellants have also challenged the Sh50 million award, arguing that the High Court erred in awarding constitutional damages for the alleged breach of Gachagua’s right to a fair hearing.

They are asking the Court of Appeal to set aside, vary or clarify the portions of the High Court judgment declaring that Gachagua’s rights under Articles 47 and 50 had been violated and awarding him Sh50 million in damages.

The Senate is further seeking an order that Gachagua and the other respondents bear the costs of the appeal.

The appeal arises from a series of constitutional petitions filed in Nairobi and Kerugoya, which were consolidated for determination. The lead matter is Nairobi Petition No. E565 of 2024, involving Gachagua and others against the Senate of Kenya and others.

The Senate has also asked the Court of Appeal to grant any other or further relief it considers just.

By  Sheila Mutua