Former Deputy President Rigathi Gachagua / FILE Former Deputy President Rigathi Gachagua has moved to challenge the High Court's judgement on his impeachment, with his legal team informing the court that a notice of appeal has already been filed.
This is after a three-judge bench dismissed Gachagua's petition challenging his ouster, finding that both the National Assembly and the Senate followed the law and afforded him an adequate opportunity to defend himself against the charges.
Moments after the bench delivered its decision, lawyer Njeri Maina requested certified copies of the proceedings and judgement to facilitate the appeal process.
Maina said the request was being made on behalf of all the petitioners involved in the matter and urged the court to expedite the documents.
“May it please you, my Lords, my Lady. Njeri Maina for the third petitioner. I wish to request the typed certified proceedings and the certified judgement. My Lords, my Lady, for the tidiness of the proceedings, I request it on behalf of all other petitioners in this matter. The third petitioner has already filed their notice of appeal,” she said.
She further asked the court to fast-track the preparation of the records to enable the next stage of litigation.
“We request that you expedite the proceedings and the judgement so that we can take it on from here,” Maina added.
The legal battle over Gachagua's impeachment is headed to the Court of Appeal, despite the High Court upholding the impeachment process while finding that some of his constitutional rights had been violated during the Senate proceedings.
The judges held that the public participation undertaken before the impeachment met the required constitutional threshold and that Parliament was entitled to exercise its oversight role over state officers.
The ruling effectively closes one of the most contentious political chapters in recent Kenyan history and cements Gachagua's removal from office.
In the consolidated petitions challenging the October 2024 impeachment of former Deputy President Rigathi Gachagua, the High Court bench comprising Justices Eric Ogola, Anthony Mrima, and Freda Mugambi delivered a landmark verdict focusing on several core constitutional and procedural issues:
In its judgement, the High Court awarded Gachagua Sh50 million in damages, finding that his rights were infringed when the Senate declined to grant an adjournment sought by his legal team. However, the court maintained that the violation did not invalidate the impeachment itself.
The appeal is expected to focus on key findings of the judgment, including the legality of the impeachment process and the remedies granted by the court.
