By Hassan Wekesa - Editor
Kenya, 23 June 2026 - Former Deputy President Rigathi Gachagua has filed a notice to appeal the key ruling by the High Court delivered on 8 June 2026 that upheld his October 2024 impeachment by both the National Assembly and the Senate.
In the notice dated 19 June 2026, Gachagua, who has since retreated to his Wamunyoro home in Nyeri to continue with consultations with leaders to strategise for the 2027 General Election, argues that while he is dissatisfied with the key ruling of Justices Mr. Justice Eric Ogola, Hon. Mr. Justice Anthony Mrima and Hon. Lady Justice Dr. Freda Mugambi, "five findings were okay."
His appeal therefore will object the ruling except the findings that the impeachment proceedings challenged in the petitions were justiciable, and that the Court possesses jurisdiction under Articles 22, 23, and 165 of the Constitution to determine whether the National Assembly and the Senate acted within constitutional bounds, complied with constitutional procedures, respected constitutional rights, and remained faithful to the constitutional safeguards governing the impeachment of a Deputy President.
The Democracy for the Citizens (DCP) leader also nodded that the Court has jurisdiction to issue reliefs as firmly anchored in Article 23 of the Constitution, which empowers the Court to grant appropriate remedies for the enforcement of rights and fundamental freedoms. These remedies include declarations of rights, injunctions, conservatory orders, declarations of invalidity of any law that denies, violates, infringes, or threatens a right or fundamental freedom in the Bill of Rights and is not justified under Article 24, orders for compensation, and orders of judicial review.
Another finding which Gachagua was satisfied with is the High Court's declaratory order that H.E. Gachagua’s fair trial rights were infringed when the Senate declined to allow an adjournment in the impeachment proceedings despite his absence. Gachagua filed evidence in court to prove that he was hospitalised at The Karen Hospital and that the Senate ought to have postponed the session to give him a fair hearing.
Gachagua has since maintained that after Prof Kithure Kindiki was elavated to Deputy President role, he was less interested in returning to the office, but would only pursue justice to be exonerated. He has since vowed that he will mount a serious campaign against his ally-turned-foe, President William Ruto to make him a one-term President.
More from Kenya
Gachagua was also satisfied with the ruling of the three High Court judges thus: "A declaratory order is issued affirming the constitutional necessity for Parliament to enact a dedicated statutory framework governing the impeachment of the Deputy President under Article 150 of the Constitution."
He also seeks not to challenge ruling where The Court awarded him constitutional damages of KSh 50 million to him, payable by the Senate, to vindicate the Constitution, restore the dignity of the affected party, and deter future violations. This however contradicts his earlier remarks that the amount was a total joke compared to mouthwatering deal which he alleged President Ruto had offered him so that he would resign and avoid the impeachment process.
Kibwezi West MP Mwengi Mutuse is the one who initiated the motion to impeach Gachagua. A total of 11 charges were levelled against Gachagua.