News09 June 2026 - 16:38

'Justice will prevail': Gachagua fights back, takes ouster battle to Appeal Court

Gachagua argued that principles of natural justice had not been upheld during the proceedings that led to his impeachment.

by CHRISTABEL ADHIAMBO

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Former Deputy President Rigathi Gachagua has said he will challenge the High Court decision that upheld his impeachment, insisting that his right to a fair hearing was violated during the process.

Speaking on Tuesday, a day after the High Court upheld his removal from office, Gachagua said he respected the Judiciary but disagreed with the court's interpretation of the law and application of the facts in the case.

"We start here today with tremendous respect for the Judiciary of our country. While we respect the ruling of the High Court, we totally and fundamentally disagree on the interpretation of the law and application of facts," Gachagua said.

He announced that he would move to the Court of Appeal in a bid to overturn the decision.

"We shall proceed and file an appeal at the Court of Appeal on the decision and hope that justice shall prevail," he said.

Gachagua further argued that principles of natural justice had not been upheld during the proceedings that led to his impeachment.

"The long-standing legal principle of natural justice and the right to a fair hearing has been trashed and ignored in broad daylight. What a sad day for those who have undergone this in the past and those who face the same in future," he said.

His remarks came after a three-judge bench of the High Court ruled on Monday that the impeachment process undertaken by the National Assembly and Senate was lawful and that the outcome remained valid under the Constitution.

The judges held that although concerns had been raised regarding parts of the process, the Constitution does not permit courts to reverse an impeachment once it has been completed and a new Deputy President has been lawfully appointed.

"The Constitution is the grundnorm, and where that grundnorm deliberately and clearly limits the power of the court, that limitation must be respected," the court said.

The court, however, found that Gachagua's rights to a fair hearing had been infringed during the Senate proceedings when his request for an adjournment on medical grounds was declined.

"We have found that the fair trial rights of His Excellency Gachagua were infringed when the Senate declined to allow the adjournment," the judges ruled.

Despite the finding, the court said the violation could not invalidate the impeachment, arguing that doing so would create constitutional uncertainty and potentially result in two individuals claiming the office of Deputy President.

The judges also upheld the process that led to the nomination and approval of the current Deputy President, finding that Parliament and the President acted within the law and constitutional timelines.

As a remedy for the violation of his rights, the court awarded Gachagua Sh50 million in damages but declined to overturn the impeachment.

Gachagua said the constitutional framework provides avenues for further legal redress and indicated that his next step would be to seek a determination from the Court of Appeal.