The High Court on Monday June 8, 2026 issued six final orders in the impeachment case filed by former Deputy President Rigathi Gachagua, ultimately upholding his removal from office while awarding him KSh50 million in constitutional damages.
Delivering the final orders, Justice Eric Ogolla stated:
“These are now the final orders that we make:
- The prayer to quash the resolution of the Senate to impeach H.E. Rigathi Gachagua is hereby declined.
- A declaratory order is hereby issued that H.E. Rigathi Gachagua’s fair trial rights were infringed when the Senate declined to allow an adjournment in the impeachment proceedings despite his absence.
- A declaratory order is hereby issued affirming the constitutional necessity for Parliament to enact a dedicated statutory framework governing the impeachment of a Deputy President under Article 150 of the Constitution.
- The court makes no findings on pension and emoluments. The first petitioner, Rigathi Gachagua, is at liberty to pursue the matter before an appropriate forum.
- The court awards constitutional damages of KSh50 million to His Excellency Rigathi Gachagua, payable by the Senate, to vindicate the Constitution, restore the dignity of the affected party, and deter future violations.
- Parties shall bear their own costs given the nature of these proceedings.
Lastly, for the avoidance of doubt, any prayer not expressly granted herein is accordingly disallowed,” Justice Ogolla said concluding reading of the court’s final orders.
The ruling marks a major legal setback for Gachagua, whose attempts to overturn the impeachment have now failed at the High Court. However, his legal team has already indicated that it will challenge the decision at the Court of Appeal.
