Former Deputy President Rigathi Gachagua is set to take his impeachment battle to the Court of Appeal after the High Court upheld the process that led to his removal from office.
Gachagua’s legal team has already filed a notice of appeal following a ruling by a three-judge High Court bench that dismissed his petition challenging the impeachment proceedings conducted by Parliament.
The former Deputy President argues that the High Court erred in validating the impeachment process and is seeking to have the decision overturned by the appellate court.
At the same time, the Senate of Kenya has announced plans to file a cross-appeal, contesting the section of the judgment that awarded Gachagua KSh50 million in damages for the violation of his right to a fair hearing.
In its ruling, the High Court found that Gachagua’s constitutional right to a fair hearing had been infringed during the impeachment proceedings and ordered the Senate to compensate him with KSh50 million. The judges said the award was intended to restore his dignity and act as a deterrent against future violations of constitutional rights.
However, the Senate has expressed dissatisfaction with the compensation award and is seeking to have it overturned by the Court of Appeal.
The latest developments set the stage for a fresh legal contest, with Gachagua aiming to overturn the findings that upheld his impeachment, while the Senate seeks to nullify the damages awarded against it.
The Court of Appeal will now be tasked with determining key constitutional and legal questions arising from the High Court judgment, including the legality of the impeachment process and whether the KSh50 million compensation award was justified.
