Gachagua Files Appeal to Overturn High Court Impeachment Ruling

Former Deputy President Rigathi Gachagua has filed an appeal at the Court of Appeal challenging the High Court judgment that upheld his impeachment while simultaneously finding the process violated his constitutional right to a fair hearing.

The appeal, filed on August 13, seeks to overturn portions of the High Court decision delivered on June 8, which declared Gachagua's removal from office valid despite acknowledging procedural irregularities in the Senate proceedings.

The High Court had found that "the right to a fair trial is an absolute constitutional guarantee and its violation cannot be justified by reference to any competing constitutional interest, however weighty or pressing that interest may be." 

The court also determined that the right to a fair trial "is not a right that yields to constitutional timelines or political exigency."

Despite these findings, the court declined to declare the impeachment unconstitutional, citing what it described as "the constitutional absurdity that would arise from dual incumbency."

Gachagua's appeal contends that the High Court erred in law by failing to find the Senate's decision null and void, arguing that the court's ruling was "irreconcilable with the court's findings in the same judgement and in previous rulings”.

The appellant further argues that the High Court delivered "an absurd, impracticable, illogical or artificial conclusion" on the interpretation of Article 145 of the constitution. 

While the court correctly found that the investigatory phase was “mandatory, and the committee route was the inescapable mechanism," it then declined to declare constitutionally infirm the Senate's failure to appoint a special committee for investigations.

The appeal also challenges the court's finding that public participation was adequate, arguing that "both the National Assembly and the Senate failed to adhere to the guiding principles for public participation set out in the binding decision of the Supreme Court."

Gachagua is seeking a declaration that the resolution of the Senate passed on October 17, 2024 for his removal by impeachment be and is declared unconstitutional, null and void.

He also requests that the judgment be remitted to correct the record after the court allegedly modified its written judgment to exclude four critical paragraphs read in open court.

The High Court had awarded Gachagua Sh50 million in constitutional damages against the Senate, but he contends this is insufficient to "vindicate the constitution, restore the dignity of the affected party and deter future violations".