Kenya: Gachagua Moves to Court of Appeal in Bid to Overturn Impeachment

What the report says

Former Kenyan Deputy President Rigathi Gachagua has taken his impeachment fight to the Court of Appeal after the High Court upheld his removal from office, according to a Capital FM report distributed by AllAfrica. The appeal challenges the June ruling by a three-judge bench led by Justices E.O. Ogola, A. Mrima and Dr F. Mugambi, which Gachagua says recognized procedural violations and rights concerns but still treated the Senate’s impeachment decision as final.

In his filing, Gachagua argues that the process violated his constitutional rights to a fair hearing and fair administrative action, and that the courts should still be able to review actions that conflict with the Constitution. He also disputes the way Article 145 was interpreted in relation to removing a deputy president, and says public participation by the National Assembly and Senate did not meet constitutional standards. The appeal further questions the role of Standing Order 64(2) and the nomination and approval process that led to Prof. Kithure Kindiki becoming deputy president.

A separate ground in the case concerns what Gachagua says was a mismatch between the judgment read in court and the written version later issued. He claims some paragraphs were omitted from the final text and asks the appellate court to order correction of the record. He is also seeking to overturn the Senate resolution that removed him from office on October 17, 2024, expand the remedies granted, and reconsider the KSh50 million constitutional damages award. The case matters because it tests the limits of judicial review in impeachment disputes and the standards for public participation and due process in high-level removals.