By Bonface Mulyungi
The Senate will challenge a High Court decision that found that former Deputy President Rigathi Gachagua’s fair trial rights were infringed during impeachment proceedings and awarded him Sh50 million in constitutional damages, saying it has already instructed counsel to file an appeal.
In a communication to the Senate on 9 June 2026, Speaker Amason Jeffah Kingi said the decision follows the judgment delivered by the High Court Constitutional and Human Rights Division in Constitutional Petition No. E565 of 2024, Rigathi Gachagua & 57 Others versus Speaker of the National Assembly, the National Assembly of Kenya, Speaker of the Senate, the Senate of Kenya & 23 Others.
The judgment, delivered on 8 June 2026, arose from challenges to the Senate’s conduct during impeachment proceedings against the former Deputy President.
Speaker Kingi noted that the Senate had been listed as a respondent in the matter and participated fully in the proceedings. He said counsel for the Senate had briefed the House on key findings of the court, including a determination that the right to a fair trial under Articles 47 and 50 of the Constitution was violated when the Senate declined to grant an adjournment during the proceedings.
The court, as quoted in the communication, held that: “We find that Gachagua’s rights were infringed when the Senate declined to allow an adjournment. This violation constitutes both a vindication of his rights and a recognition of the constitutional infirmity in the process, but does not undo the impeachment itself, given the finality of Article 145(7) and the constitutional absurdity that would arise from dual incumbency.”
In its final orders, the court also issued a declaration and awarded damages, stating: “A declaratory order is hereby issued that Gachagua’s fair trial rights were infringed when the Senate declined to allow an adjournment in the impeachment proceedings despite his absence,” and further ordered that “The Court awards constitutional damages of Sh50 million to Gachagua payable by the Senate to vindicate the Constitution, restore the dignity of the affected party and deter future violations.”
Speaker Kingi said the Senate had instructed its lawyers to obtain certified copies of the proceedings and file a Notice of Appeal immediately, even as it prepares to pursue the appellate process.
He further stated that it was important to place certain matters on record in light of public concern over the judgment, which he said portrayed the Senate as having failed to grant a fair hearing while sitting as a quasi-judicial body.
According to the communication, the Senate’s position is that the adjournment request during the impeachment proceedings was not supported by evidence at the time it was made.
The Speaker said the proceedings had progressed without incident until the final day, when, after a lunch adjournment, counsel for the former Deputy President informed the Senate that his client’s whereabouts were unknown and later indicated that he may have been unwell, without providing supporting evidence despite being requested to do so.
He added that the Senate proceeded to vote on whether to grant an adjournment and declined the request in the circumstances presented.
Speaker Kingi argued that the court, in the Senate’s view, did not adequately consider the sequence of events or the absence of evidence supporting the adjournment request.
He stated that the Senate maintains that an adjournment is not automatic and must be justified with cogent reasons, adding that similar discretion applies in judicial and quasi-judicial proceedings.
He further said the Senate disagreed with the court’s interpretation of the right to be present during trial, stating that it is a right that must be exercised with justification and not in a manner that could stall proceedings without sufficient cause.
The communication indicated that this interpretation will form a central ground of the intended appeal.
He added that this responsibility extends to upholding Article 3 of the Constitution, which requires every person to respect, uphold and defend the Constitution.
