Former Deputy President Rigathi Gachagua has revealed that he will appeal the High Court decision that upheld his impeachment, arguing that the judges misapplied the law and failed to uphold fundamental principles of natural justice.
Speaking to the media on Tuesday, June 9, Gachagua said he would move to the Court of Appeal to contest the judgment, adding that he is prepared to pursue the matter through all legal channels available, including the Supreme Court.
He stated that although he has confidence in and respects the country's judicial institutions, he does not agree with the court's interpretation of the law.
"We stand here with tremendous respect for the Kenyan judiciary. While we respect the ruling of the High Court, we totally disagree with the interpretation of the law,” the Democracy for Citizens Party (DCP) leader addressed.
“The long-standing principle of natural justice has been trashed and ignored in broad daylight. We shall proceed to file an appeal at the Court of Appeal on the decision and hope that justice will prevail.”
Gachagua said his lawyers have thoroughly analysed the High Court judgment and identified what they consider legal missteps and contradictions that provide sufficient grounds for an appeal.
The former Deputy President faulted the court for sustaining his impeachment even after concluding that the Senate proceedings were marred by procedural irregularities.
According to Gachagua, the court ought to have invalidated the entire impeachment process after determining that his constitutional rights under Articles 25, 47 and 50 had been infringed.
"It is lost on many of us how the actions and decisions of parliament, categorically determined by the three-judge bench as unconstitutional and a product of an unfair process, can then be deemed valid by the same bench," Gachagua argued.
"Those contradictions are an abuse to the intelligence of the Kenyan people who were following the process and the judgment for many hours," he added.
Ksh50 Million Compensation
Gachagua also disclosed that he has declined the Ksh50 million compensation awarded to him, despite the court directing the Senate to settle the damages.
The former DP, explaining his decision, revisited a scenario where President William Ruto tried to bribe him with Ksh2 billion in exchange for stepping down from his role to avoid taking the impeachment route.
"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; money was never the issue here, justice and constitutional supremacy were," he stated.
"If I were interested in money, Ruto had offered me 2 billion in an effort to entice me to avoid impeachment and choose resignation, but I stood for my rights and those of over 7 million Kenyans who voted for me. No offer, no amount of money can stand between me, my rights, and the rights of the citizens of Kenya under the constitution. If I could reject 2 billion, offering me 50 million is a serious joke."
Gachagua's remarks came just hours after the High Court upheld the Senate's decision to remove him from office, dismissing a series of petitions challenging his impeachment.
In a judgment delivered by Justices Eric Ogolla, Anthony Mrima and Fridah Mugambi, the court ruled that Parliament acted lawfully during the impeachment process.
The judges, however, found that Gachagua's right to a fair hearing was violated when the Senate declined to adjourn proceedings despite his absence from the trial. As a result, the court awarded him Ksh50 million in compensation, to be paid by the Senate.
