Gachagua, Senate Headed for Court of Appeal Showdown Over Impeachment Ruling
Meanwhile, the Senate plans to cross-appeal the court’s decision to award the former Deputy President Sh50 million in damages, setting the stage for a major constitutional contest at the Court of Appeal.
DCP Party Leader Rigathi Gachagua. Photo/Courtesy
By Ruth Sang
Former Deputy President Rigathi Gachagua says he is set to dispute the High Court ruling that actually endorsed his impeachment, so now it looks like the Court of Appeal will host another round of legal wrangling.
Gachagua’s legal team confirmed, they’ve lodged a notice of appeal, which basically means they intend to challenge the decision made by a three-judge High Court bench. That bench had dismissed his petition, the one that was meant to block the impeachment process carried out by Parliament.
In comments through members of his team, they claimed, the court “ erred ” when it kept standing by the proceedings that ultimately removed him from office. They said, the impeachment pathway was defective and inconsistent with the Constitution, something they insist should have weighed in favor of his bid.
Now, as Gachagua tries to reverse the ruling that validated his impeachment, the Senate is not waiting around either. The Senate is preparing its own legal effort, and they’ve hinted they will take issue with parts of the High Court judgment.
According to the Senate, it will file a cross-appeal aimed at contesting the portion where Gachagua was awarded Sh50 million in damages. This, is tied to the finding that his right to a fair hearing was violated during the impeachment proceedings.
In the High Court’s view, the constitutional right to a fair hearing was breached. The judges then ordered compensation, arguing the payout should help restore his standing, and also act like a curb or deterrent against repeat infringements, especially those involving constitutional rights.
“The compensation is intended to vindicate the petitioner’s rights and discourage similar constitutional breaches in future,” the judges wrote, in their decision.
Still, the Senate has signaled it is unhappy with how the damages were handled. It wants the appellate court to reconsider and overturn that damages award.
With the two competing appeals now in motion, observers expect a fresh and possibly prolonged litigation process, where both parties will push for different results from the Court of Appeal.
The appellate court will now have to weigh core constitutional and legal questions, including whether the impeachment process was lawful. It will also need to decide if the Sh50 million compensation was truly warranted in the circumstances.
The matter is expected to draw major public and political attention too. After all, whatever the Court of Appeal decides could influence how impeachment procedures and constitutional safeguards are interpreted for people holding public office in Kenya.
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