Former Deputy President Rigathi Gachagua has officially initiated the next phase of his legal battle by moving to the Court of Appeal to challenge the High Court judgment that upheld his impeachment.
Gachagua's legal team confirmed that they have already filed a notice of appeal, signaling their intention to contest the decision delivered by a three-judge bench that dismissed his petition against the impeachment process conducted by Parliament.
The former deputy president maintains that the court erred in validating the proceedings that led to his removal from office and believes the appellate court should overturn the judgment.
The appeal marks a significant escalation in a constitutional dispute that has dominated Kenya's political and legal landscape since Gachagua's impeachment.
At the same time, the Senate has announced plans to file a cross-appeal challenging the section of the judgment that awarded Gachagua KSh50 million in damages for violation of his right to a fair hearing.
In its ruling, the High Court found that although the impeachment met the constitutional threshold and would remain valid, aspects of the Senate proceedings violated Gachagua's right to a fair hearing.
The judges consequently ordered the Senate to pay KSh50 million in compensation, stating that the award was intended to restore Gachagua's dignity and serve as a deterrent against future constitutional violations.
However, Senate leaders have expressed dissatisfaction with the damages award, arguing that the compensation should not stand. The cross-appeal will seek to have the Court of Appeal set aside the financial award while maintaining the validity of the impeachment.
The parallel appeals are expected to place several key constitutional questions before the appellate court, including whether the impeachment process complied fully with constitutional standards and whether a finding of rights violations can coexist with the preservation of an impeachment outcome.
The Court of Appeal will also be called upon to determine whether the KSh50 million compensation awarded by the High Court was justified and whether the legal consequences arising from the impeachment should remain intact.
The case is widely expected to attract significant public interest, with its outcome likely to shape future interpretations of impeachment law, due process protections, and constitutional accountability in Kenya.
