By James Murimi - Reporter
Kenya, 8 June 2026 - Former Deputy President Rigathi Gachagua suffered a major legal setback on Monday after a three-judge bench upheld his impeachment, but handed him a significant victory by awarding him KSh 50 million in damages for violation of his constitutional rights during the Senate proceedings that led to his removal from office.
In a landmark judgment delivered over several hours, Justices Eric Ogolla, Anthony Mrima and Freda Mugambi declined to overturn Gachagua's impeachment and affirmed the appointment of Prof Kithure Kindiki as Deputy President.
However, the judges found that Gachagua's rights to a fair hearing and fair administrative action were violated when the Senate rejected a request to adjourn impeachment proceedings despite his absence.
The court ordered the Senate to pay Gachagua KSh50 million in constitutional damages, saying the award was intended to vindicate the Constitution, restore the dignity of the affected party and deter future violations of constitutional rights during impeachment proceedings.
"The award is not compensation for loss of office," the judges clarified.
The ruling effectively closes Gachagua's bid to regain the Deputy President's seat while opening a new chapter on accountability for how impeachment proceedings are conducted.
The bench held that President William Ruto's nomination of Prof Kindiki and Parliament's subsequent approval fully complied with Article 149(1) of the Constitution.
Judges rejected arguments that the process was unconstitutional because the Independent Electoral and Boundaries Commission (IEBC) was not involved, finding that the commission has no constitutional role in the mid-term replacement of a Deputy President.
The court further ruled that the National Assembly was properly constituted despite concerns raised by petitioners over the failure to fully implement the two-thirds gender rule.
On the impeachment process itself, the judges acknowledged that Parliament had anticipated legislation specifically governing the removal of a Deputy President under Article 150 of the Constitution.
They observed that the phrase "with the necessary modifications" requires adaptation of the presidential impeachment framework to suit the office of Deputy President.
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Nevertheless, the absence of such legislation did not invalidate Gachagua's impeachment.
In a significant policy directive, the court issued a declaratory order affirming the constitutional necessity for Parliament to enact a dedicated legal framework governing future impeachment proceedings against Deputy Presidents.
The judges held that such legislation would provide clarity and certainty in future constitutional disputes.
Although the court found that Gachagua's rights under Articles 47 and 50 of the Constitution had been violated, it stopped short of nullifying the impeachment.
The judges relied on Article 145(7) of the Constitution, emphasizing the finality of Senate impeachment proceedings and warning against judicial intervention that could create constitutional uncertainty after the process has been completed.
The court also declined to make any determination regarding Gachagua's pension, retirement benefits and other emoluments, saying the matter could be pursued before the appropriate forum.
All other prayers sought by the petitioners were dismissed.
The judgment marks one of the most consequential constitutional decisions in Kenya's recent political history, preserving Kindiki's position as Deputy President while establishing important legal standards on due process, fair hearing rights and the conduct of future impeachment proceedings.