Nominated Senator Karen Nyamu has announced that the Senate will challenge the High Court’s decision to award former Deputy President Rigathi Gachagua KSh50 million in constitutional damages following the determination of his impeachment case.
In a Facebook post shared on June 8, 2026, Nyamu explained that the Senate's intended appeal will focus specifically on the financial compensation awarded to Gachagua, arguing that the institution does not have the necessary funds set aside to meet the obligation.
“Meanwhile, Senate is appealing this decision because we simply do not have the unallocated budget for a KSh50 million award,” Nyamu wrote.
Her remarks came shortly after a three-judge bench comprising Justices Erick Ogolla, Anthony Mrima, and Freda Mugambi delivered a landmark ruling on petitions challenging Gachagua’s impeachment.
While the court upheld the Senate’s decision to impeach the former deputy president, finding that the constitutional threshold for his removal from office had been met, it also awarded Gachagua KSh50 million in constitutional damages.
The judgement marked a significant legal victory for the Senate regarding the validity of the impeachment process, but the damages award has emerged as a new point of contention.
Nyamu's statement suggests that Senate lawyers are preparing to challenge the compensation order in a higher court, potentially setting the stage for another legal battle arising from the impeachment proceedings.
The ruling has generated widespread political and legal debate, with supporters and critics of Gachagua offering differing interpretations of its implications. While the impeachment remains intact, attention has now shifted to the financial compensation and whether the award will withstand an appeal.
Legal experts note that appeals involving constitutional damages often focus on the basis for compensation, the amount awarded, and whether the court properly exercised its discretion.
As the Senate moves to contest the award, the case is expected to remain in the spotlight, adding another chapter to one of the most consequential political and constitutional disputes in recent years.
