The Speaker of the Senate and the Senate have moved to the Court of Appeal seeking to overturn a High Court decision awarding former Deputy President Rigathi Gachagua Sh50 million in constitutional damages over the manner in which his impeachment proceedings were conducted. In a memorandum of appeal, the Senate argues that the High Court was wrong to find that Gachagua’s right to a fair hearing was violated after senators rejected his request for an adjournment during the impeachment hearing.
The appeal targets part of the judgment delivered on June 8, 2026, by Justices Erick Ogola, Frida Mugambi and Anthony Mrima, who found that the refusal to adjourn the proceedings violated Gachagua’s rights under Articles 47 and 50 of the Constitution. “The Learned Judges erred in fact and in law in holding that the 1st Respondent’s right to a fair hearing under Articles 47 and 50 of the Constitution was infringed when the 2nd Appellant declined to allow him an adjournment during the impeachment proceedings,” the Senate states.
According to the Senate, Gachagua had been given sufficient opportunity to attend the proceedings and defend himself, including additional time granted following requests by his advocates. The Senate says the request for an adjournment was formally considered through a procedural motion before senators. “A procedural motion in respect of the request for adjournment was moved before the 2nd Respondent, a vote taken and the motion defeated,” reads the memorandum of appeal.
The appellants argue that the High Court effectively substituted its own decision for that of the Senate despite senators having discretion over the conduct of the proceedings. They contend that the judges “erred in law in usurping the discretion conferred upon the 2nd Appellant in respect of the request for adjournment by the 1st Respondent, and in substituting it with their own.”
The Senate has also disputed the High Court’s finding regarding Gachagua’s illness, which had been cited as the reason he was unable to participate in part of the proceedings. According to the appeal, “no evidence was placed before the 2nd Appellant at the material time to substantiate the alleged illness or to support the request for adjournment.”
The Senate maintains that it was required to conclude the impeachment proceedings within the prescribed timelines after giving Gachagua an opportunity to appear and be heard. It has also taken issue with the Sh50 million compensation awarded to the former Deputy President. “The Learned Judges erred in fact and in law in awarding the 1st Respondent constitutional damages of Kshs. 50,000,000/= against the 2nd Appellant for the alleged breach of his right to a fair hearing,” the Senate argues.
The Speaker and the Senate now want the Court of Appeal to set aside, vary or clarify the portions of the High Court judgment that found Gachagua’s fair hearing rights were violated and awarded him Sh50 million. They are also seeking the costs of the appeal and any other orders the appellate court considers appropriate.
