Former Deputy President Rigathi Gachagua has moved to the Court of Appeal seeking to overturn a High Court decision that upheld his impeachment, arguing that the process violated his constitutional rights.
In his appeal, Gachagua says he is dissatisfied with the judgment delivered in June by Justices E.O. Ogola, A. Mrima and Dr F. Mugambi, which found that his removal from office could not be reversed despite the court identifying violations of his rights during the impeachment process.
Gachagua argues that the High Court made an error in holding that the Senate’s decision to impeach him was final and could not be subjected to judicial review.
According to the former Deputy President, the finding is inconsistent with the court’s own determination that parts of the impeachment process violated his right to a fair hearing and fair administrative action.
He maintains that the constitutional right to a fair trial is absolute and cannot be set aside on the basis of constitutional timelines or political considerations.
“No act in violation of the Constitution is outside the reach of the Courts….,” his court papers state.
Gachagua has also challenged the High Court’s interpretation of Article 145 of the Constitution, which outlines the procedure for removing a Deputy President through impeachment.
He argues that while the High Court correctly determined that the investigative stage of the process was mandatory and that the committee mechanism was intended to address complex evidentiary matters, it later arrived at what he describes as an “absurd, impracticable, illogical or artificial conclusion” in interpreting the same constitutional provision.
The former Deputy President has further faulted the impeachment process over public participation, arguing that both the National Assembly and Senate failed to provide adequate opportunities for members of the public to participate.
The appeal now places the legality of the impeachment process before the Court of Appeal, with Gachagua seeking to have the High Court findings overturned.
