The Senate has challenged a High Court decision that awarded former Deputy President Rigathi Gachagua Ksh50 million after finding that his right to a fair hearing was breached during the impeachment process.
The appeal has been lodged by the Speaker of the Senate and the Senate of Kenya, who are seeking to have key portions of the judgment delivered on June 8, 2026, set aside.
The decision was made by Justices E.O. Ogola, Dr F. Mugambi and A. Mrima in consolidated constitutional petitions arising from the impeachment proceedings against Gachagua.
A central issue in the appeal is the High Court’s finding that Gachagua’s rights under Articles 47 and 50 of the Constitution were violated when the Senate declined to grant him an adjournment.
The Senate disputes that finding, maintaining that Gachagua was afforded a reasonable opportunity to appear before the House and respond to the allegations against him.
According to the appellants, his legal representatives had already been granted additional time during the proceedings before making the request for a further postponement.
The Senate argues that the impeachment process was also subject to constitutional timelines and had to be concluded expeditiously. It therefore maintains that the decision on whether to grant another adjournment fell within the discretion of the House.
The appellants further contend that the request was not dismissed without consideration. They say it was introduced through a procedural motion, debated by senators and eventually put to a vote, where it failed to obtain sufficient support.
The Senate argues that the High Court, by faulting that decision, effectively substituted its own judgment for the discretion exercised by Parliament during the impeachment proceedings.
The appellants have also challenged the finding that Gachagua’s absence from the proceedings was justified on medical grounds.
They maintain that the Senate had not been presented with adequate evidence at the time to establish that he was ill or that his condition provided sufficient grounds for 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 award of Ksh50 million in constitutional damages has also come under attack.
The Senate argues that the High Court erred by awarding compensation over the alleged infringement of Gachagua’s right to a fair hearing.
It is asking the Court of Appeal to set aside, vary or clarify the findings that his rights under Articles 47 and 50 were violated, together with the order requiring the Senate to pay him Ksh50 million.
The appellants are additionally seeking costs of the appeal against Gachagua and the other respondents.
The case originated from several constitutional petitions filed in Nairobi and Kerugoya, which were subsequently consolidated by the High Court.
The lead matter is Nairobi Petition No. E565 of 2024, involving Gachagua and others against the Senate of Kenya and other parties.
The Senate has asked the Court of Appeal to grant any other relief it considers appropriate in determining the appeal.
