Two months after the High Court upheld his impeachment, former Deputy President Rigathi Gachagua is back in the corridors of justice, seeking to overturn the decision at the Court of Appeal.
Gachagua, through his legal team, has filed a notice of appeal challenging the June 8 judgment by a three-judge High Court bench comprising Justices Eric Ogola, Anthony Mrima and Freda Mugambi.
The former Deputy President argues that the judges erred in law by allowing the impeachment to stand despite finding that aspects of the Senate proceedings violated his constitutional right to a fair hearing and fair administrative action.
His lawyers maintain that the right to a fair hearing is an absolute constitutional guarantee that cannot be sacrificed because of constitutional timelines or political considerations.
Gachagua is also challenging the High Court’s reasoning that overturning his impeachment would create what it described as a “constitutional absurdity” by potentially resulting in two people simultaneously holding the office of Deputy President.
His legal team argues that he had expressly told the court that he was seeking a declaration that the impeachment process was invalid and was not seeking to return to the office of Deputy President.
The High Court had upheld Parliament’s authority to impeach Gachagua but found that the Senate violated his fair-hearing rights during the proceedings. The court consequently awarded him Sh50 million in constitutional damages.
Gachagua has preserved that award in his appeal while challenging the parts of the judgment that upheld his removal from office.
Meanwhile, the Senate is also challenging the Sh50 million award, setting the stage for another legal battle over the compensation as the Court of Appeal considers Gachagua’s case.
The latest appeal keeps Gachagua’s impeachment at the centre of a continuing constitutional and political dispute, nearly two years after he became the first Deputy President to be removed from office through impeachment.
