Gachagua Takes Impeachment Battle to Court of Appeal

Former Deputy President Rigathi Gachagua has escalated his legal challenge against his removal from office by moving to the Court of Appeal, seeking to overturn a High Court ruling that upheld his impeachment.

In a formal notice of appeal filed through his legal team, Gachagua expressed dissatisfaction with the judgment delivered by a three-judge bench, which had affirmed that the constitutional process used to remove him from office was lawful and properly executed.

The High Court ruling had concluded that both the National Assembly and the Senate acted within their constitutional mandate when they voted to impeach him, effectively validating his ouster. The judges found that the impeachment process met the required legal threshold under Kenya’s Constitution.

However, while the court upheld the impeachment itself, it also ruled that certain aspects of the Senate proceedings were flawed. In particular, the bench found that Gachagua’s right to a fair hearing had been violated during parts of the process. As a result, the court awarded him damages despite confirming his removal from office.

Unhappy with the overall outcome, Gachagua has now asked the appellate court to re-examine the case. He argues that the High Court did not adequately address several constitutional and procedural issues that, in his view, rendered the impeachment process defective.

His legal team maintains that the proceedings leading to his removal were influenced by political considerations and did not strictly adhere to the principles of fairness, justice, and due process as required under the Constitution. They are seeking a reversal of the judgment that upheld the impeachment.

The appeal is expected to focus on key legal questions, including whether the threshold for removing a Deputy President was properly met, whether the Senate and National Assembly followed the correct procedures, and whether the High Court was right in its interpretation of constitutional provisions governing impeachment.

The case now shifts to the Court of Appeal, which will be tasked with determining whether the earlier judgment should be upheld, varied, or overturned. The outcome could have significant implications not only for Gachagua’s political future but also for how impeachment proceedings are handled in Kenya going forward.

Legal analysts note that the case is likely to draw widespread attention due to its political sensitivity and the high office involved. It also raises broader constitutional questions about accountability, separation of powers, and the safeguards available to senior public officials during removal proceedings.

Meanwhile, Gachagua has consistently maintained that his removal was politically motivated, a claim that has been central to his public statements since the impeachment process concluded. He has vowed to pursue all available legal avenues in pursuit of what he describes as justice and vindication.

As the matter proceeds to the appellate court, both sides are expected to file detailed submissions defending their positions. The judiciary will ultimately be called upon to clarify the legal boundaries of impeachment and reinforce constitutional interpretation on one of the most consequential political disputes in recent Kenyan history.