Kingi appeals High Court judgment ordering Senate to pay Gachagua Ksh50M

Senate Speaker Amason Kingi and the Senate of Kenya have taken their case to the Court of Appeal, contesting a High Court ruling that ordered them to pay former Deputy President Rigathi Gachagua Ksh50 million. On June 8, 2026, a three-judge panel upheld Gachagua's impeachment but also awarded him damages of Ksh50 million, citing that the Senate had violated his right to a fair hearing.

The justices, Eric Ogola, Freda Mugambi, and Antony Murima, determined that the Senate proceeded with hearings despite Gachagua's requests for an adjournment due to alleged medical reasons, deeming this action a breach of his fair hearing rights. However, Kingi and the Senate argue that the High Court made errors in both fact and law when it imposed the Ksh50 million in damages upon the Senate for allegedly infringing on Gachagua's right to a fair hearing under Articles 47 and 50 of the Constitution of Kenya, 2010.

They maintain that the High Court misinterpreted the procedural aspects of Gachagua's request for an adjournment, dismissing the Senate's decision to proceed with the impeachment proceedings as lawful and reasonable. The Senate maintains that the High Court improperly usurped the Senate's discretion in the matter and substituted its own judgment, despite the fact that the Senate had given Gachagua a reasonable opportunity to be heard.

Furthermore, Kingi asserts that Gachagua's absence due to illness was unsubstantiated since no evidence was presented to support his claim, thereby undermining the grounds for the Senate's request for adjournment.