Former Deputy President Rigathi Gachagua has announced he will move to the Court of Appeal to challenge the High Court decision that upheld his impeachment.
Speaking on Tuesday, June 9, Gachagua said he disagrees with the court’s interpretation of the law and application of the facts in the case.
” I held a consultative meeting with my legal team led by Senior Counsel Paul Muite, and we have clearly analysed the judgment, and I have instructed them to challenge this judgment at the Court of Appeal,” said Gachagua.
The former DP argued that it was unfair for the High Court to uphold his impeachment despite finding that his right of fair trial was violated during the process.
“It is astonishing that after pronouncing itself and determining that the impeachment process violated my right to a fair hearing, the three-judge bench purported to hold that the impeachment was nevertheless valid and permanent,” he stated.
The DCP Party leader also declared that he will not accept the Ksh50 million damages awarded to him by the three-judge bench, terming it an insult.
Gachagua explained that he had moved to the High Court to seek justice for his removal from office, which he described as illegal.
“It is only after the determination of illegality, as has already happened, and setting aside the impeachment, as should have happened, that we were to consider asking for damages for constitutional violations.
“The KSh50 million awarded to me is an insult to my fundamental rights and freedoms and a mockery of the Constitution. We are not interested,” Gachagua added.
On Monday, the High Court ruled that the impeachment process undertaken by the National Assembly and Senate was lawful and declined Gachagua’s petition.
“The prayer seeking to quash the resolution of the Senate to impeach His Excellency Gachagua is hereby declined,” Justice Ogola stated.
However, the court ruled that Gachagua’s rights to a fair hearing had been infringed during the Senate proceedings and awarded him KSh50 million compensation to be paid by the Senate.
