Gachagua to appeal High Court ruling upholding impeachment
National
By
Mate Tongola
| Jun 09, 2026
Former Deputy President Rigathi Gachagua has vowed to challenge the High Court decision that upheld his impeachment, arguing that his constitutional right to a fair hearing was violated during the process.
Speaking on Tuesday, a day after a three-judge bench affirmed his removal from office, Gachagua said he respected the Judiciary but strongly disagreed with the court’s interpretation of the law and its application of the facts surrounding his impeachment.
“We start here today with tremendous respect for the Judiciary of our country. While we respect the ruling of the High Court, we totally and fundamentally disagree on the interpretation of the law and application of facts,” he said.
Gachagua, who was accompanied by other Democracy for Citizens Party (DCP) officials, stated that he will file an appeal at the Court of Appeal on the decision and hopes that justice shall prevail.
Gachagua maintained that the principles of natural justice were disregarded during the proceedings that led to his impeachment. He particularly faulted the handling of his case before the Senate, arguing that his right to a fair hearing had been ignored.
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“The long-standing legal principle of natural justice and the right to a fair hearing has been trashed and ignored in broad daylight,” he said.
His remarks came after the High Court on Monday upheld the impeachment process conducted by the National Assembly and Senate, ruling that it was lawful and constitutionally valid.
In their judgment, the judges held that although concerns had been raised about certain aspects of the process, the Constitution does not permit courts to overturn an impeachment after it has been concluded and a new Deputy President has been lawfully appointed.
“The Constitution is the grundnorm, and where that grundnorm deliberately and clearly limits the power of the court, that limitation must be respected,” the bench ruled.
However, the court found that Gachagua’s right to a fair hearing had been infringed during the Senate proceedings when lawmakers declined his request for an adjournment on medical grounds.
“We have found that the fair trial rights of Gachagua were infringed when the Senate declined to allow the adjournment,” the judges stated.
Despite this finding, the court ruled that the violation was not sufficient to invalidate the impeachment.
At the same time, the judges noted that overturning the process at this stage would create constitutional uncertainty and potentially lead to a situation where two individuals could claim the office of Deputy President.
The court also upheld the nomination and approval of the current Deputy President, finding that both Parliament and the President acted within the law and complied with constitutional timelines.
Gachagua also announced a 45-day consultative retreat at Wamunyoro aimed at shaping the opposition's strategy ahead of the 2027 General Election.
According to him, the consultations would bring together supporters, political allies, opinion leaders, professionals, clergy, and other stakeholders to determine the opposition's next course of action.
He said the discussions would focus on one central goal: identifying and agreeing on a single opposition presidential candidate to challenge President William Ruto in the 2027 election.
Gachagua revealed that a 60-member advisory caucus comprising elders, professionals, youth representatives and religious leaders had advised that the opposition's phase of political mobilisation against the Kenya Kwanza administration was largely complete.
“Having a single candidate against President William Ruto is not negotiable and is the only way to liberate this country,” Gachagua stated.