… The matter was presented before a three-judge bench comprising Justices Erick Ogolla, Anthony Mrima, and Freda Mugambi, who are expected to issue directions on several pending applications and hear arguments on the substantive petition. …
… The proceedings conducted by a three-judge bench comprising Justices Eric Ogola, Anthony Mrima, and Freda Mugambi will spill over to Friday with the bench hearing submissions in the high-profile constitutional matter at the Milimani Law Courts Ceremonial Hall. …
… The matter is scheduled to be heard before a three-judge bench comprising Justices Erick Ogolla, Anthony Mrima, and Freda Mugambi, who are expected to issue directions on several pending applications and hear arguments on the substantive petition. …
… Gachagua’s legal team opened the proceedings by informing Justices Ogolla, Mrima and Freda Mugambi that he no longer seeks reinstatement as Deputy President. …
… Appearing before a three-judge bench of Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi, the lawyers argued that the entire impeachment process was flawed and unconstitutional from the beginning. …
… During proceedings on Monday before a three-judge bench comprising Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi, Gachagua’s legal team informed the court that the amended petition no longer seeks his return as Deputy President. …
… The matter is scheduled to be heard before a three-judge bench comprising Justices Erick Ogolla, Anthony Mrima, and Freda Mugambi, who are expected to issue directions on several pending applications and hear arguments on the substantive petition. …
… DCJ Mwilu had appointed Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi to hear the case, an action Gachagua’s legal team challenged as unconstitutional, arguing that only the Chief Justice has the authority to make such appointments. …
Former Deputy President Rigathi Gachagua has filed a notice of appeal to the Court of Appeal challenging parts of a June 8 High Court judgment on his impeachment, while retaining five declarations decided in his favour, including the court's authority to examine whether Parliament acted within the law during impeachment proceedings.
Why it matters
Gachagua appeals High Court impeachment ruling to appellate court, continuing his legal challenge against removal from office.
Former Deputy President Rigathi Gachagua has filed a notice of appeal to the Court of Appeal challenging parts of a June 8 High Court judgment on his impeachment, while retaining five declarations decided in his favour, including the court's authority to examine whether Parliament acted within the law during impeachment proceedings.
Lawyers for former Deputy President Rigathi Gachagua have raised concerns with the High Court over a discrepancy between the judgment delivered on June 8, 2026, which was announced as 350 pages, and the certified copy served to parties, which comprised 286 pages.
A High Court judgment upholding former Deputy President Rigathi Gachagua's impeachment has sparked legal debate over what constitutes adequate public participation in state decisions. The ruling, which dismissed arguments from over 40 petitioners claiming public participation was deficient, marks a shift from courts' traditional stance of demanding greater public consultation in legislative and administrative processes.
Former Chief Justice David Maraga says the High Court's judgment on the impeachment of former Deputy President Rigathi Gachagua was flawed because it found his right to a fair hearing was violated but awarded him Ksh.50 million compensation rather than annulling the impeachment. Maraga argues that violating the constitutional right to a fair hearing should have resulted in nullifying the Senate's impeachment decision.
High Court judges Eric Ogola, Anthony Mrima and Freda Mugambi affirmed former Deputy President Rigathi Gachagua's impeachment in a 350-page judgment while awarding him Sh50 million for violation of his right to a fair hearing. The verdict prompted rapid criticism from former Chief Justice Willy Mutunga, Law Society of Kenya officials, and senior lawyers including Ahmednasir Abdullahi and Donald Kipkorir.
High Court judges affirmed former Deputy President Rigathi Gachagua's impeachment while awarding him Sh50 million for violation of his right to a fair hearing, a judgment that prompted strong criticism from the Law Society of Kenya, former Chief Justice Willy Mutunga, and multiple senior lawyers who expressed dissatisfaction with the ruling.
A High Court panel has upheld the Senate's decision to remove former Deputy President Rigathi Gachagua from office but awarded him Sh50 million in compensation for violation of his rights, declining his request for reinstatement.
A three-judge High Court bench found that former Deputy President Rigathi Gachagua was denied a fair hearing by the Senate but upheld his impeachment and removal from office, awarding him Sh50 million in damages. Legal experts including the Law Society of Kenya President have criticized the ruling as inconsistent with precedent, noting it is unusual for a court to find a fair trial violation yet sustain the outcome.
Kenya's High Court has ordered the Senate to pay former Deputy President Rigathi Gachagua KSh 50 million in constitutional damages, ruling that his right to a fair trial was violated during his October 2024 impeachment proceedings when the Senate declined to grant an adjournment despite his absence.
A three-judge bench has upheld Prof. Kithure Kindiki's appointment as Deputy President, ruling that the process did not require public participation and was constitutionally sound, finding that Article 149 of the Constitution makes the appointment process adjudicative and procedural rather than consultative.
Former Deputy President Rigathi Gachagua did not attend his landmark court ruling on his impeachment challenge on June 8, watching instead from home with his wife and opposition politicians. A three-justice bench delivered the ruling nearly 20 months after Gachagua became Kenya's first deputy president to be constitutionally impeached, with Gachagua's petition arguing the removal was unconstitutional.
Kenya's High Court upheld the October 2024 impeachment of former Deputy President Rigathi Gachagua, ruling that Parliament acted within constitutional bounds, but awarded him Sh50 million after finding the Senate violated his right to a fair hearing.
During High Court proceedings in the impeachment case against former Deputy President Rigathi Gachagua, Kirinyaga Woman Representative Advocate Njeri Maina accused the National Assembly's lawyer Moses Kipkogei of making claims unsupported by his affidavit, challenging his submissions about the public participation exercise in the impeachment process.
Lawyers for Deputy President Kithure Kindiki have argued before three High Court judges that judicial power is limited and supervisory rather than appellate, and that the impeachment of Rigathi Gachagua as deputy president is reserved for Parliament. According to Senior Counsel Dr Muthomi Thiankolu, the ex-deputy president was impeached on grounds of misconduct that could threaten the country's well-being.
Lawyers representing the National Assembly and petitioners in the impeachment case against former Deputy President Rigathi Gachagua have dismissed his claims of being denied a fair hearing, arguing that impeachment proceedings are political in nature and guided by constitutional and parliamentary processes. The Speaker's lawyers also defended the conduct of the proceedings, rejecting allegations of bias.
Parliament's lawyer told a three-judge bench that the impeachment of former Deputy President Rigathi Gachagua in October 2024 was conducted within constitutional timelines and involved extensive public participation, with some 223,000 Kenyans submitting views. Gachagua is challenging the National Assembly and Senate resolutions that upheld his removal from office.
Former Deputy President Rigathi Gachagua has filed a preliminary objection before the Supreme Court to strike out an appeal challenging the empanelment of the High Court bench hearing his impeachment-related petitions, arguing the dispute has been resolved after the Chief Justice reconstituted the bench following a Court of Appeal decision.
Former Deputy President Rigathi Gachagua's legal team presented demands at his impeachment hearing, arguing he was ousted on unconstitutional grounds and seeking court declarations that the impeachment violated multiple constitutional articles and that public participation was inadequate.
Former Deputy President Rigathi Gachagua appeared before a three-judge bench at the Milimani Law Courts on May 7 to challenge his impeachment from office, arguing the October 2024 process was unconstitutional and irregular. Gachagua abandoned his prayer for reinstatement and instead sought compensation and declarations that the impeachment violated the Constitution and legal procedures.
A three-judge High Court bench has resumed hearing a case challenging the impeachment of former Deputy President Rigathi Gachagua. His legal team argues that the National Assembly failed to conduct meaningful public participation before approving the impeachment motion, with lawyers contesting that the motion lacked sufficient detail for citizens to make informed submissions and questioning whether the claimed 30,000 public submissions within two days was realistic.
The hearing of former Deputy President Rigathi Gachagua's impeachment petition has been adjourned to May 7–8, 2026, after Presiding Judge Eric Ogolla said the three-judge bench could not be properly constituted because Justice Anthony Mrima will be participating in an interview process to fill a Supreme Court vacancy. Gachagua's legal team said he no longer seeks reinstatement but instead compensation for lost remuneration and damages, arguing the impeachment process was unconstitutional and irregular.
Lawyers representing former Deputy President Rigathi Gachagua told the High Court that the Speaker of the National Assembly lacked authority to declare the impeachment motion and that the entire process was unconstitutional. They accused the Senate of handling the impeachment with "ungodly speed" and argued the Deputy President replacement process was conducted hurriedly without proper transparency.
Former Deputy President Rigathi Gachagua has abandoned his court petition seeking reinstatement and now seeks compensation for remuneration, damages, and losses, arguing his impeachment violated the Constitution and legal procedures.
Former Deputy President Rigathi Gachagua presented himself at the Milimani Law Courts on Monday for the hearing of a petition challenging his impeachment from office. He argues that the impeachment process was marred by procedural irregularities, violation of constitutional safeguards, and denial of his right to a fair hearing.
DCP leader Rigathi Gachagua says he will return to court to challenge what he calls his fraudulent impeachment from the Deputy President's office, asserting he has built a case proving he was ousted on unconstitutional grounds.