Gachagua Takes Impeachment Battle to Court of Appeal After Partial High Court Victory

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NAIROBI, Kenya Jun 23 – Former Deputy President Rigathi Gachagua has escalated his impeachment case to the Court of Appeal after filing a notice challenging parts of the High Court judgment delivered earlier this month.The appeal follows the June 8, ruling by a three-judge bench comprising Justices Eric Ogola, Anthony Mrima and Dr. Freda Mugambi, which made several landmark constitutional findings on the impeachment process.In the notice filed before the court, Gachagua indicated that he intends to challenge the entire judgment except for five declarations that were decided in his favour.“Petitioner herein, being dissatisfied with the decision/judgment… intends to appeal to the Court of Appeal against the whole of the decision/judgment,” part of the notice reads.Among the findings Gachagua has chosen to retain is the High Court’s declaration that impeachment proceedings are subject to judicial scrutiny and that courts have constitutional authority to examine whether Parliament acted within the law during the impeachment process.The bench had ruled that the High Court possesses jurisdiction under Articles 22, 23 and 165 of the Constitution to determine whether the National Assembly and Senate complied with constitutional procedures and respected constitutional rights during the proceedings.Gachagua also left intact the court’s finding affirming that courts can issue constitutional remedies including declarations, injunctions, conservatory orders, compensation and judicial review orders in impeachment-related disputes.Significantly, the former Deputy President did not challenge the court’s declaration that his right to a fair hearing was violated after the Senate declined to adjourn impeachment proceedings despite his absence.The judges had found that the failure to grant an adjournment infringed on his constitutional rights during one of the country’s most politically charged proceedings.Gachagua further accepted the court’s declaration urging Parliament to enact a clear statutory framework governing the impeachment of a Deputy President under Article 150 of the Constitution.The former Deputy President also retained the High Court’s award of KSh50 million in constitutional damages against the Senate, with the court stating the compensation was intended to vindicate the Constitution, restore dignity and deter future constitutional violations.Gachagua will seek to overturn the remaining sections of the High Court judgment while preserving the declarations that strengthened his constitutional claims.