Gachagua to Move to Court of Appeal to Challenge High Court’s Decision to Uphold His Impeachment

Gachagua to Move to Court of Appeal to Challenge High Court’s Decision to Uphold His Impeachment

NAIROBI, Kenya — Former Deputy President Rigathi Gachagua has announced plans to challenge the High Court ruling that upheld his impeachment, setting the stage for a fresh legal battle that could have significant political and constitutional implications ahead of the 2027 General Election.

Speaking to journalists on Tuesday, June 9, hours after a three-judge bench delivered its highly anticipated judgment, Gachagua vowed to appeal the decision, arguing that the court misapplied the law and failed to uphold fundamental principles of fairness and natural justice.

The former Deputy President revealed that his legal team had already reviewed the judgment and identified several grounds upon which they intend to challenge the ruling before the Court of Appeal.

Gachagua further indicated that he was prepared to pursue the matter all the way to the Supreme Court if necessary, insisting that the issues raised by his impeachment go beyond personal interests and touch on constitutional governance and due process.

“We stand here with tremendous respect for the Kenyan judiciary. While we respect the ruling of the High Court, we totally disagree with the interpretation of the law,” Gachagua said.

“The long-standing principle of natural justice has been trashed and ignored in broad daylight. We shall proceed to file an appeal at the Court of Appeal on the decision and hope that justice will prevail,” he added.

The former Deputy President’s reaction came shortly after the High Court upheld the Senate’s decision to remove him from office, dismissing a series of consolidated petitions that sought to overturn the impeachment process.

In the landmark ruling delivered by Justices Eric Ogolla, Fridah Mugambi and Anthony Mrima, the court found that both the National Assembly and the Senate acted within their constitutional mandate when handling the impeachment proceedings.

The judges also rejected arguments that Parliament lacked the authority to undertake the impeachment process because of unresolved questions surrounding the implementation of the two-thirds gender principle.

According to the court, Parliament retained its constitutional powers despite ongoing debates regarding gender representation.

However, the judgment also contained a significant finding in Gachagua’s favour.

The bench ruled that the former Deputy President’s right to a fair hearing had been violated after the Senate declined to grant an adjournment request despite his absence from the proceedings due to illness.

The judges concluded that the decision infringed upon protections guaranteed under the Constitution and awarded Gachagua KSh50 million in damages, to be paid by the Senate.

Despite this finding, the court maintained that the procedural violation was not substantial enough to invalidate the entire impeachment process.

It is this aspect of the ruling that has drawn the sharpest criticism from Gachagua and his legal team.

According to the former Deputy President, the court’s conclusions were contradictory because it acknowledged that his constitutional rights had been violated while simultaneously validating the outcome of the impeachment proceedings.

“It is lost on many of us how the actions and decisions of Parliament, categorically determined by the three-judge bench as unconstitutional and a product of an unfair process, can then be deemed valid by the same bench,” Gachagua argued.

“Those contradictions are an abuse to the intelligence of the Kenyan people who were following the process and the judgment for many hours,” he added.

Legal experts say the appeal could become one of the most closely watched constitutional cases in recent years, particularly because it raises questions about the relationship between procedural fairness and the validity of parliamentary decisions.

The outcome may also influence future impeachment proceedings involving senior state officers by clarifying the extent to which violations of fair hearing rights can affect the legality of parliamentary actions.

Beyond the legal implications, the appeal is expected to carry considerable political significance.

Gachagua remains an influential figure within the opposition movement and has recently intensified efforts to unite opposition leaders behind a single presidential candidate ahead of the 2027 elections.

As the matter moves to the Court of Appeal, attention will now shift to whether the higher court will uphold the High Court’s findings or revisit the constitutional questions raised by the former Deputy President.

For now, the impeachment remains in force, but the legal and political battle surrounding Gachagua’s removal from office appears far from over.

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Gachagua to Move to Court of Appeal to Challenge High Court’s Decision to Uphold His Impeachment