The legal battle over former Deputy President Rigathi Gachagua’s impeachment is headed to the Court of Appeal after he filed a notice challenging the High Court’s decision, while leaving intact five favourable declarations, including the finding that the Senate violated his fair trial rights during the impeachment proceedings.

In the Notice of Appeal, Gachagua states that he is dissatisfied with the judgment delivered on June 8, 2026, by a three-judge bench comprising Justices Eric Ogola, Anthony Mrima and Dr. Freda Mugambi. He says he intends to appeal against the entire judgment, except for five findings made by the court.

“Petitioner herein, being dissatisfied with the decision/judgment of Hon. Mr. Justice Eric Ogola, Hon. Mr. Justice Anthony Mrima and Hon. Lady Justice Dr. Freda Mugambi delivered at Nairobi on the 8th day of June, 2026 intends to appeal to the Court of Appeal against the whole of the decision/judgment,” reads the notice of appeal 

Among the findings he has chosen not to challenge is the High Court’s determination that impeachment proceedings are justiciable and that the court has jurisdiction under Articles 22, 23 and 165 of the Constitution to determine whether the National Assembly and the Senate acted within constitutional bounds, complied with constitutional procedures and respected constitutional rights during the impeachment process.

Gachagua has also left untouched the court’s finding that it has powers under Article 23 of the Constitution to grant appropriate constitutional remedies, including declarations, injunctions, conservatory orders, compensation and judicial review.

He is also not appealing the declaration that his constitutional right to a fair hearing was infringed when the Senate declined to adjourn the impeachment proceedings despite his absence.

Further, Gachagua has accepted the court’s declaration 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.

Additionally, he has not challenged the High Court’s award of KSh50 million in constitutional damages payable by the Senate to vindicate the Constitution, restore his dignity and deter future violations.

The appeal now shifts the dispute to the Court of Appeal, where Gachagua will seek to overturn the remainder of the High Court’s judgment while preserving the five findings that were made in his favour.