Senate asks Court of Appeal to quash Sh50m Gachagua award

The Senate has moved to the Court of Appeal seeking to overturn a High Court ruling that found former Deputy President Rigathi Gachagua was denied a fair hearing during his impeachment proceedings and awarded him Sh50 million in damages.

In the appeal filed by the Speaker of the Senate and the Senate of Kenya, the appellants have challenged key findings made by Justices Eric Okumu Ogola, Dr Freda Mugambi and Anthony Charo Mrima in their June 8, 2026 judgment.

At the centre of the appeal is the High Court’s finding that Gachagua’s constitutional rights under Articles 47 and 50 were violated after the Senate declined to postpone the impeachment proceedings to allow him more time.

The Senate maintains that Gachagua was given adequate opportunity to participate in the proceedings and defend himself.

It argues that his legal team had previously been granted additional time before making a subsequent request for an adjournment.

According to the appellants, the Senate was also constitutionally required to conclude the impeachment process without unnecessary delay, making the decision on whether to grant a further adjournment a matter within its discretion.

The Senate says the request was not simply rejected but was presented to the House through a procedural motion, debated by senators and subjected to a vote, which failed to secure the required support.

The appellants contend that by faulting the decision, the High Court effectively interfered with the discretion exercised by the Senate during proceedings that were conducted in accordance with the law.

The Senate has also challenged the High Court’s finding that Gachagua’s failure to attend the proceedings was justified by illness.

It argues that, at the time the adjournment was sought, the Senate had not been presented with sufficient evidence to establish that Gachagua was unwell or that his condition warranted postponing the proceedings.

“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 states in its memorandum of appeal.

The Sh50 million compensation awarded to Gachagua is also a key point of contention.

The Senate argues that the High Court had no proper basis for awarding constitutional damages arising from the alleged violation of the former Deputy President’s right to a fair hearing.

It has asked the Court of Appeal to overturn, vary or clarify the findings that Gachagua’s rights under Articles 47 and 50 were violated.

The Senate is also seeking the setting aside of the order requiring it to pay Gachagua Sh50 million in damages.

The appellants want Gachagua and the other respondents to bear the costs of the appeal.

The dispute arose from several constitutional petitions filed in Nairobi and Kerugoya, which were later consolidated by the High Court.

The lead case is Nairobi Petition No. E565 of 2024, involving Gachagua and others against the Senate of Kenya and other parties.

The Senate has further asked the Court of Appeal to issue any other orders it considers appropriate in determining the dispute.

About the Author

Rhoda Bogeta is a Kenyan journalist and multimedia storyteller covering current affairs, human-interest, science and environmental stories, with expertise in reporting, photography, videography and digital content creation. Email: rhodabogeta@gmail.com Instagram : i_am_bogetar X : @I_am_Bogetar LinkedIn: Rhoda Bogeta Tiktok : monique.mora_

Senate asks Court of Appeal to quash Sh50m Gachagua award

Related Stories

About the Author

Tags