By James Murimi - Reporter
Kenya, 8 June 2026 - A fresh legal battle over the impeachment of former Deputy President Rigathi Gachagua is looming after Senior Counsel Prof Tom Ojienda signalled that the Senate and other parties will file cross-appeals against Monday's landmark High Court judgment.
Speaking shortly after a three-judge bench upheld Gachagua's impeachment while awarding him Sh50 million in damages, Prof Ojienda said the matter is far from over and is headed for another round of litigation at the Court of Appeal.
"I will tell you this, since the petitioners will file an appeal, there will be many appeals," Prof Ojienda told journalists outside Milimani Law Courts.
"The Senate and other parties will file a cross-appeal because once an appeal is filed, then you file a cross-appeal."
The senior counsel, who represented the Senate in the consolidated petitions challenging Gachagua's removal from office, described the judgment as a major victory for Parliament and the constitutional processes followed by both the National Assembly and the Senate.
According to Ojienda, the court settled key constitutional questions surrounding the impeachment process, including public participation and the role played by Parliament in removing the former Deputy President.
"The three-judge bench has dealt with the constitutional issues and the threshold. It has affirmed that the National Assembly went through the process of public participation properly and that there was public participation," he said.
"The National Assembly presented a formal motion, went through public participation, presented a case before the Senate and the Senate voted properly for the resolution that eventually led to the impeachment. I think this is a good decision by the court."
His remarks came moments after Justices Eric Ogolla, Anthony Mrima and Freda Mugambi delivered one of the most consequential constitutional rulings in recent years, effectively shutting the door on Gachagua's bid to regain the Deputy President's office.
The judges upheld the legality of Gachagua's impeachment and affirmed the appointment of Prof Kithure Kindiki as Deputy President, ruling that President William Ruto's nomination and Parliament's approval complied with Article 149(1) of the Constitution.
The court also dismissed claims that the Independent Electoral and Boundaries Commission (IEBC) ought to have played a role in the replacement process, finding that the commission has no constitutional mandate in the mid-term appointment of a Deputy President.
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However, the bench found that Gachagua's constitutional rights were violated during the Senate proceedings after lawmakers declined a request to adjourn the impeachment hearing despite his absence.
The judges ruled that the decision infringed on his rights to a fair hearing and fair administrative action under Articles 47 and 50 of the Constitution.
As a result, the court ordered the Senate to pay Gachagua KSh 50 million in constitutional damages, saying the award was intended to vindicate the Constitution, restore dignity and deter future violations of constitutional rights.
The judges were, however, clear that the finding did not invalidate the impeachment process.
Relying on Article 145(7) of the Constitution, they emphasized the finality of Senate impeachment proceedings and warned against judicial intervention that could create constitutional uncertainty after the process has been concluded.
In another significant finding, the court directed Parliament to enact a specific legal framework governing the impeachment of a Deputy President, saying the Constitution contemplates legislation to guide future removal proceedings under Article 150.
The court also declined to make any determination on Gachagua's pension, retirement benefits and other emoluments, leaving the matter to be pursued before the appropriate forum.
With both sides expected to challenge different aspects of the judgment, Monday's ruling may have settled the question of who occupies the Deputy President's office, but it appears set to trigger a new legal contest over the constitutional limits of impeachment and the remedies available when rights are violated during the process.