Former Deputy President Rigathi Gachagua has escalated his impeachment battle to the Court of Appeal after lodging a Notice of Appeal challenging most of the High Court's judgment on the legality of his removal from office.
The appeal follows a decision delivered on June 8, 2026, by a three-judge bench comprising Justices Eric Ogola, Anthony Mrima and Dr Freda Mugambi. While Gachagua intends to contest the bulk of the judgment, he has strategically preserved five findings that were made in his favour.
In the notice filed before the court, Gachagua expressed dissatisfaction with the ruling and signalled his intention to seek redress from the appellate court.
"The Petitioner herein, being dissatisfied with the decision/judgment of Justice Eric Ogola, Justice Anthony Mrima and Lady Justice Dr Freda Mugambi delivered at Nairobi on June 8, 2026, intends to appeal to the Court of Appeal against the whole of the decision/judgment," the notice states.
Among the findings that Gachagua is not challenging is the High Court's determination that impeachment proceedings are subject to judicial scrutiny.
The judges held that courts have jurisdiction under Articles 22, 23 and 165 of the Constitution to examine whether both the National Assembly and the Senate complied with constitutional requirements and respected fundamental rights during impeachment proceedings.
He has also retained the court's finding that the High Court possesses broad remedial powers under Article 23, including the authority to issue declarations, injunctions, conservatory orders, compensation awards and judicial review remedies where constitutional violations are established.
Significantly, Gachagua is not contesting the court's declaration that his right to a fair hearing was violated when the Senate declined to adjourn impeachment proceedings despite his absence. The judges found that the decision infringed on his constitutional protections during the trial process.
The former DP has also accepted the court's declaration calling for Parliament to enact a comprehensive legal framework to govern the impeachment of a Deputy President under Article 150 of the Constitution.
Further, he has left intact the award of Sh50 million in constitutional damages against the Senate. The High Court held that the compensation was necessary to vindicate the Constitution, restore Gachagua's dignity and discourage similar violations in the future.
The appeal now places one of Kenya's most consequential constitutional disputes before the Court of Appeal, where Gachagua will seek to overturn the portions of the High Court judgment that upheld aspects of the impeachment process while preserving the declarations and remedies that favoured him.
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