Former Deputy President Rigathi Gachagua has moved to challenge the High Court decision that upheld his impeachment, insisting that the process violated his right to a fair hearing and promising to escalate the matter to the Court of Appeal in search of what he terms justice.
Speaking a day after a three-judge bench confirmed that his removal from office was lawful under the Constitution, Gachagua said he fully respects the Judiciary but strongly disagrees with how the court interpreted the law and the facts surrounding his case. He confirmed that his legal team will now seek reversal of the decision at the next level of the court system.
"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 added that the appeal process is now his next step in the fight over the impeachment ruling.
"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 maintained that his constitutional rights were not fully protected during the impeachment proceedings, arguing that basic rules of fairness were ignored.
"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.
The High Court, in its ruling delivered on Monday, upheld the impeachment process carried out by the National Assembly and the Senate, stating that it complied with constitutional requirements and remained valid even after completion. The judges noted that while there were issues raised about parts of the process, the Constitution limits court powers once an impeachment is concluded and a successor lawfully assumes office.
"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.
However, the court also found that there were breaches in the process, particularly during Senate proceedings. The judges said Gachagua’s right to a fair hearing was not fully observed when his request for adjournment on medical grounds was rejected.
"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 identifying that violation, the court ruled that it could not overturn the impeachment, saying doing so would create constitutional confusion and risk a situation where two individuals could claim the same office of Deputy President.
As part of its decision, the court upheld the appointment of the current Deputy President, stating that both Parliament and the President followed the law and met constitutional timelines during the transition.
The judges concluded by awarding Gachagua Sh50 million in damages for the violation of his rights, but declined to nullify the impeachment outcome. Gachagua has now signaled that the compensation does not end the matter, insisting that the Constitution allows further legal challenge and that he will pursue it through the Court of Appeal.