High Court Upholds Gachagua Impeachment, Awards Sh50M in Damages

A three-judge bench of the High Court of Kenya ruled on June 8, 2026 that the October 2024 impeachment of former Deputy President Rigathi Gachagua was constitutionally valid, dealing a decisive blow to efforts by Gachagua and his co-petitioners to have the removal overturned. The court did, however, identify a discrete procedural violation and awarded him Sh50 million in damages.

A Historic Removal Revisited

Gachagua made history in October 2024 as the first Deputy President in Kenya's constitutional history to be impeached, following votes in both the National Assembly and the Senate to remove him on grounds that included allegations of insubordination, corruption and the undermining of government policy.

The Court's Reasoning

The High Court bench dismissed the majority of arguments advanced by Gachagua. On the substantive grounds of impeachment, the judges held that the merits of the charges voted on by Parliament fall within the exclusive purview of the Legislature. The lone area where the court sided with Gachagua was on the matter of procedural fairness — by denying his request for an adjournment while he was hospitalised, the Senate violated his right to be heard.

Kindiki's Position Affirmed

The ruling simultaneously affirmed the appointment of Interior Cabinet Secretary Kithure Kindiki as Deputy President — a consequential confirmation that removes the legal uncertainty that had lingered over his tenure.

Gachagua's Road to 2027

For Gachagua, the ruling forecloses any path back to the Deputy Presidency. His team indicated they would study the judgment in full before determining next steps, including whether to pursue an appeal to the Court of Appeal.