Former Kenyan Deputy President Gachagua Appeals Impeachment Ruling
Former Kenyan Deputy President Rigathi Gachagua has lodged an appeal at the Court of Appeal seeking to overturn a High Court ruling that upheld his impeachment, according to AllAfrica reporting from Capital FM in Nairobi.
Gachagua’s legal team argues that the three-judge bench erred in its decision by concluding that his removal from office could not be reversed even though the court had identified violations of his constitutional rights during the impeachment process. The petition contends that acknowledging constitutional breaches while declining to provide a remedy leaves a significant gap in the protections afforded to holders of public office, and asks the appellate court to set aside the earlier judgment.
Gachagua was impeached by the National Assembly in 2024 on charges that included incitement and undermining the government, before the Senate upheld the motion and formally removed him from office. He subsequently challenged the proceedings in the High Court, arguing that the process against him was politically motivated and failed to meet the constitutional standards of fairness required when removing a sitting deputy president.
Kenya’s impeachment framework, set out in the 2010 Constitution, permits both chambers of Parliament to remove the President or Deputy President on grounds including gross violation of the Constitution, serious crimes under national or international law, or incompetence. Critics have argued that the procedure requires robust judicial oversight to prevent its use as a political instrument, while supporters maintain that Parliament must retain clear authority to hold senior officials accountable.
The Court of Appeal is now expected to schedule hearings on the matter, with Gachagua seeking a ruling that would either reinstate him to office or order a fresh process conducted in line with constitutional requirements. The outcome is likely to shape precedent on the intersection of parliamentary procedure, due process, and constitutional rights in Kenya.
Sources
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