The Lower Eastern Times Opening The Third Eye
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Former Deputy President Rigathi Gachagua has filed a notice of appeal at the Court of Appeal, seeking to overturn parts of the High Court decision that upheld his impeachment.
However, he is not challenging all aspects of the ruling. Gachagua intends to preserve specific findings, including the court’s declaration that the Senate violated his constitutional rights and the award of Sh50 million in damages.
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In the notice filed after the three-judge bench delivered its judgment on June 8, 2026, Gachagua indicated that he will contest the overall decision but exclude portions that were favourable to him.
The bench comprising Justices Eric Ogola, Anthony Mrima, and Dr. Freda Mugambi had upheld the legality of his 2024 impeachment, but also found that the Senate breached his right to a fair hearing during the proceedings.
Gachagua’s filing states that he does not dispute the court’s finding that the impeachment process was subject to judicial review or that the High Court had jurisdiction under Articles 22, 23, and 165 of the Constitution.
He also accepts the court’s position that it has authority to grant constitutional remedies, including declarations, injunctions, compensation, and judicial review orders in cases involving violation of rights and fundamental freedoms.
Among the findings he wants to preserve is the declaration that his right to a fair hearing was violated when the Senate declined to grant an adjournment request despite his absence during the impeachment hearing.
The judges had ruled that while Parliament has constitutional authority to conduct impeachment proceedings, such powers must still comply with constitutional safeguards and standards of fairness.
Gachagua is also not challenging the court’s recommendation that Parliament establish a clear legal framework to govern the impeachment of a Deputy President under Article 150 of the Constitution.
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Additionally, he seeks to retain the Sh50 million compensation awarded as constitutional damages against the Senate, which the court said was meant to uphold constitutional values and deter future violations.
Despite accepting parts of the ruling, Gachagua maintains his dissatisfaction with the final decision that upheld his removal from office and is now asking the appellate court to reconsider the judgment.
