Impeachment Battle Continues
Kenya's Gachagua Appeals Impeachment Upholding Ruling, Citing Fair Hearing Violations
Anonymous
Key Points
1
The High Court decision delivering judgment on Gachagua’s impeachment was issued by a three-judge bench comprising Justices Eric Ogola, Anthony Mrima and Dr. Freda Mugambi.
2
Gachagua filed a notice of appeal after the June 8, 2026 ruling, indicating he intends to appeal to the Court of Appeal against the whole decision, save for parts that were favorable to him.
3
The petitioner is preserving five favorable findings from the High Court judgment, including the court’s remedial powers under Article 23 of the Constitution (e.g., declarations, injunctions, conservatory orders, and judicial review remedies).
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The High Court’s ruling rejected arguments challenging the legitimacy of parliamentary proceedings on grounds of representation and legislative procedure, a finding Gachagua is not challenging in full but which the appeal references in its broader challenge.
Former Kenyan Deputy President Rigathi Gachagua has filed a formal notice of appeal at the Court of Appeal, challenging the June 8, 2026 High Court ruling that upheld his 2024 impeachment. The 350-page judgment awarded him Sh50 million in damages for fair hearing violations — but still left him out of office, a result he called "an insult and a mockery of the constitution," according to Streamline Feed.
Across the continent, South African President Cyril Ramaphosa rushed to court on June 12 to stop Parliament's impeachment inquiry into his Phala Phala scandal. Both leaders are now fighting parallel constitutional battles — challenging rulings that went against them while clinging to findings they like.
Gachagua's Selective Appeal Targets the Sh50 Million Verdict
Gachagua filed his notice of appeal on June 19, 2026 — eleven days after the ruling. He is challenging most of the decision, but is keeping five findings that went his way, according to Radio 47. One of those preserved findings confirms that courts have the power to review parliamentary actions under Article 23 of the Constitution.
The High Court bench — Justices Eric Ogola, Anthony Mrima, and Dr. Freda Mugambi — found that the Senate violated Gachagua's right to a fair hearing when it refused to grant him an adjournment during his illness. That violation earned him the Sh50 million award. But Justice Ogola warned that overturning the impeachment would cause a "constitutional crisis" by leaving Kenya with two Deputy Presidents, according to Nairobi Law Monthly.
Senate Fights Back as Parliament Ordered to Fix Its Own Rules
Senate Speaker Amason Kingi announced on June 10 that the Senate plans to appeal findings related to Article 47 — Kenya's fair administrative action clause. The Senate does not dispute losing, but wants the court's reasoning on procedural rights challenged. Both sides are now heading to the same appellate court from opposite directions.
The High Court also ordered Parliament to build a proper legal framework for removing a Deputy President under Article 150. The court found a "loophole" — Kenya has no clear law spelling out exactly how the removal process should work, according to Signs TV. Gachagua's legal team, led by Njeri Maina, argues a "poisoned process cannot produce a healthy result" — meaning a rights violation should kill the entire impeachment, not just trigger a damages payment.
Ramaphosa Races to Court Over Phala Phala Farm Scandal
In South Africa, the battle is over $580,000 in foreign currency that was allegedly hidden in a sofa at President Ramaphosa's private game farm in 2020. A 2022 independent panel found prima facie evidence of serious misconduct. The Constitutional Court ruled on May 8, 2026, that Parliament must reconsider the panel's report — effectively reviving impeachment proceedings that the ANC had previously buried.
Ramaphosa filed an urgent interdict in the Western Cape High Court on June 12, arguing he would suffer "irreparable damage" to his dignity if the inquiry continued. The Impeachment Committee, led by Makashule Gana, hit back on June 18, resolving to oppose the bid. "The work of the committee continues," Gana said. The Western Cape High Court is scheduled to hear the case on July 15–16, 2026.
Speaker's Neutrality Sparks Fury, Analysts Eye 2027 Fallout
South Africa's National Assembly Speaker Thoko Didiza filed a "Notice to Abide" on June 23 — effectively siding with Ramaphosa's bid to pause the inquiry. The Democratic Alliance accused Didiza of "weakness" for not defending Parliament's constitutional mandate against executive pressure. The tension puts Parliament's independence under direct scrutiny.
Back in Kenya, analysts see Gachagua's appeal as more than a legal fight. His "selective appeal" strategy — keeping wins, fighting losses — is widely seen as a way to build a constitutional record for his Democracy for the Citizens party ahead of Kenya's 2027 elections, according to Nairobi Law Monthly. Meanwhile, Kithure Kindiki remains confirmed as the sitting Deputy President, with the High Court's ruling preventing any "two DPs" scenario for now.
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