The High Court has upheld the Senate's decision to impeach former Deputy President Rigathi Gachagua, dismissing several consolidated petitions that challenged his removal from office.

In a landmark ruling delivered on Monday, June 8, 2026, by a three-judge bench consisting of Justices Eric Ogolla, Anthony Murima and Lady Justice Fridah Mugambi, the court found that parliament acted within the law in the impeachment proceedings and that the process met the constitutional requirements for public participation.

The judges ruled that allegations that parliament lacked authority to consider the impeachment due to the failure to fully implement the two-thirds gender principle were unfounded.

According to the court, the issue did not deprive parliament of its constitutional mandate to consider and determine impeachment proceedings against Gachagua.

The bench also upheld the validity of Parliamentary Standing Orders that guided Gachagua's impeachment process, finding that the procedures used by both the National Assembly and the Senate were lawful.

On public participation, the court found that the National Assembly conducted the exercise in line with the constitution.

The judges further dismissed claims that the Speakers of the National Assembly and Senate, as well as Members of Parliament and Senators, were biased during the impeachment proceedings with the court maintaining that the petitioners failed to provide evidence to support the allegations.

"The mere fact that legislators belong to particular political parties, hold political views or have publicly expressed opinions on an impeachment matter does not, by itself, constitute constitutional bias or invalidate impeachment proceedings," said Justice Eric Ogolla.

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However, the judges found that Gachagua was denied a fair hearing during the Senate trial, citing procedural irregularities that undermined his right to adequately defend himself.

According to the judgment, the failure to afford him sufficient opportunity to present his case constituted a violation of his right to a fair trial, even though it did not invalidate the overall impeachment outcome.

As a result, the court awarded Gachagua Ksh50 million in constitutional damages, to be paid by the Senate.

"The prayer seeking to quash the resolution of the Senate to impeach Gachagua is hereby declined, A declaratory order i hereby issued that Gachagua's fair trial right were infringed when the Senate declined to allow an adjournment in the impeachment proceeding despite his absence," said Justice Ogolla.