Nairobi. Kenya’s High Court has upheld the impeachment of former Deputy President Rigathi Gachagua, ruling that Parliament and the Senate acted within the Constitution when they removed him from office in October 2024.
In a judgment delivered on Monday, a three-judge bench comprising Justices Eric Ogolla, Anthony Mrima and Freda Mugambi found that the impeachment process substantially complied with constitutional requirements and that lawmakers had sufficient grounds to proceed with the removal.
The court therefore declined to overturn the Senate’s decision, effectively affirming Mr Gachagua’s impeachment.
However, the judges also found that some of Mr Gachagua’s constitutional rights were violated during the process and awarded him Ksh50 million (about Sh1 billion) in compensation.
The amount is significantly lower than the more than Ksh80 million (about Sh1.6 billion) and retirement benefits that the former deputy president had sought through the courts.
Mr Gachagua had challenged the impeachment, arguing that it was unconstitutional, politically motivated and conducted in a manner that denied him a fair hearing. His legal team also questioned the adequacy of public participation and cited procedural irregularities during the parliamentary proceedings.
Lawyers representing Parliament, the Senate and Deputy President Kithure Kindiki maintained that the impeachment process was conducted in accordance with the Constitution and that Mr Gachagua was given a fair opportunity to defend himself.
The case attracted widespread political and public interest and was closely watched across Kenya as a test of the country’s constitutional provisions governing the removal of senior state officials.
The ruling is expected to influence future interpretations of impeachment procedures and accountability mechanisms for top public office holders. Although the judgment settles the dispute at the High Court level, legal analysts say further appeals remain possible.
