The High Court's ruling on former Deputy President Rigathi Gachagua's impeachment has provided clarity on several constitutional issues while also highlighting concerns about due process in impeachment proceedings.
In its June 8, 2026 judgment, the three-judge bench found that Gachagua's right to a fair hearing was violated during Senate proceedings after his request for an adjournment on medical grounds was denied.
However, the court ruled that the violation was not sufficient to overturn the impeachment, citing constitutional limitations and the need to preserve institutional stability.
The judges declined to quash the Senate's decision to remove Gachagua from office, maintaining that the impeachment process remained valid.
As compensation for the infringement of his rights, the court awarded him Sh50 million in damages payable by the Senate.
The court also directed Parliament to enact a statutory framework governing the removal of a Deputy President to provide greater legal clarity in future proceedings.
No orders were issued regarding Gachagua's pension and benefits, while each party was directed to bear its own legal costs.
The ruling is expected to shape future constitutional and political disputes involving impeachment processes in Kenya.
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