NAIROBI, Kenya –Former Deputy President Rigathi Gachagua has formally escalated his legal battle against his impeachment after lodging a Notice of Appeal challenging most of the High Court judgment that upheld his removal from office.
The appeal follows the landmark ruling delivered on June 8 by a three-judge bench comprising Justices Eric Ogola, Anthony Mrima and Freda Mugambi, which largely upheld the impeachment process conducted by Parliament while finding that some of Gachagua’s constitutional rights had been violated.
Gachagua’s legal team notified the court of its intention to move to the Court of Appeal shortly after the judgment was delivered, seeking certified copies of the proceedings and judgment to facilitate the next phase of the case.
The former Deputy President is expected to challenge key findings that validated the impeachment process, including the court’s determination that the National Assembly and Senate acted within the Constitution and that public participation met the required legal threshold.
The High Court also ruled that Parliament had afforded him an adequate opportunity to defend himself against the charges leading to his October 2024 ouster.
However, Gachagua has strategically preserved several findings that were favorable to him and is not expected to contest them on appeal.
Among the findings made in his favour was the court’s declaration that his right to a fair hearing was violated when the Senate declined to adjourn the impeachment proceedings despite requests from his legal team on medical grounds.
The judges concluded that the refusal amounted to an infringement of his constitutional rights.
As a result, the court awarded Gachagua Sh50 million in constitutional damages, holding the Senate responsible for violating his fair trial rights.
However, the judges maintained that the violation was not sufficient to invalidate the impeachment itself.
The High Court further held that while courts have jurisdiction to scrutinize impeachment processes, the Constitution does not permit the reversal of an impeachment once a new Deputy President has been lawfully appointed, citing concerns about creating a constitutional crisis through dual incumbency.
The appeal is expected to reopen one of Kenya’s most consequential constitutional disputes, with both Gachagua and the Senate already signaling their intention to challenge different aspects of the judgment.
Senate Speaker Amason Kingi has indicated that the Senate will separately appeal the Sh50 million compensation award.
The Court of Appeal is now set to determine whether the High Court correctly interpreted the Constitution in upholding the impeachment while simultaneously finding violations of Gachagua’s rights during the Senate proceedings.
