Law Society of Kenya (LSK) President Kanjama has stated that the Court of Appeal has extensive powers to revisit and potentially alter the High Court's judgement concerning former Deputy President Rigathi Gachagua’s impeachment.
Speaking during an interview on June 8, 2026, Kanjama explained that the appellate court is not restricted to reviewing only specific sections of the judgement but can examine the entire decision delivered by the High Court.
“The Court of Appeal can alter any aspect of the High Court’s decision,” Kanjama said.
His remarks come after a three-judge bench comprising Justices Erick Ogolla, Anthony Mrima, and Freda Mugambi upheld Gachagua’s impeachment by the Senate while simultaneously finding that his constitutional right to a fair hearing had been violated during the process.
The High Court's decision attracted significant public attention after the judges awarded Gachagua KSh50 million in constitutional damages despite affirming the validity of the impeachment proceedings.
According to Kanjama, the Court of Appeal has the authority to uphold the High Court's findings, overturn them entirely, or make adjustments to specific elements of the judgement.
He noted that the appellate judges could affirm the Senate's impeachment decision, reverse it, or reconsider the damages awarded for the violation of Gachagua’s fair hearing rights.
The LSK president emphasized that appellate courts are mandated to independently evaluate both legal and constitutional questions raised by litigants, making it possible for different conclusions to be reached at the higher level.
The comments come as legal teams representing various parties prepare for the next phase of litigation following the landmark ruling, which has far-reaching political and constitutional implications.
With appeals expected to be filed, the Court of Appeal is likely to play a decisive role in determining whether the High Court's conclusions on impeachment, due process, and compensation will stand.
The case remains one of the most closely watched legal and political disputes in Kenya, with its outcome expected to influence discussions on impeachment procedures, constitutional rights, and the limits of parliamentary authority.
