The Lower Eastern Times Opening The Third Eye
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Former Deputy President Rigathi Gachagua has escalated his legal battle against his impeachment by filing a notice of appeal following a High Court decision that upheld his removal from office.
A three-judge bench dismissed Gachagua’s petition challenging the impeachment, ruling that both the National Assembly and the Senate acted within the law and gave him sufficient opportunity to respond to the allegations against him.
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Shortly after the judgment was delivered, lawyer Njeri Maina informed the court that a notice of appeal had already been lodged and requested certified copies of the proceedings and judgment to facilitate the appeal process.
Maina, who represented one of the petitioners, said the request was being made on behalf of all parties involved in the consolidated petitions and urged the court to expedite the preparation of the documents.
The case is now headed to the Court of Appeal despite the High Court finding that some of Gachagua’s constitutional rights were violated during the Senate proceedings.
In their ruling, the judges held that the public participation conducted ahead of the impeachment met constitutional requirements and affirmed Parliament’s authority to exercise oversight over state officers.
The bench, comprising Justices Eric Ogola, Anthony Mrima, and Freda Mugambi, also found that Gachagua’s rights were infringed when the Senate declined a request by his lawyers for an adjournment. As a result, the court awarded him Sh50 million in damages.
However, the judges maintained that the rights violation was not significant enough to invalidate the impeachment process, effectively confirming his removal from office.
The appeal is expected to challenge key aspects of the ruling, including the legality of the impeachment proceedings and the remedies granted by the High Court.
