Gachagua’s legal team said they have already filed a notice of appeal shortly after a three-judge bench of the High Court dismissed his petition challenging the impeachment process undertaken by Parliament.
The former Deputy President maintains that the court erred in upholding the proceedings that led to his removal from office.
At the same time, the Senate has indicated that it will file a cross-appeal challenging the portion of the judgment that awarded Gachagua Sh50 million in damages for the violation of his right to a fair hearing.
In its judgment, the High Court found that Gachagua’s right to a fair hearing had been infringed during the impeachment process and ordered the Senate to compensate him with Sh50 million.
The judges stated that the award was intended to restore his dignity and serve as a deterrent against future constitutional violations.
However, the Senate has expressed dissatisfaction with the damages award and intends to challenge it before the Court of Appeal through a cross-appeal.
The move sets the stage for a fresh legal battle at the appellate court, with Gachagua seeking to overturn the High Court’s findings that upheld his impeachment, while the Senate seeks to have the damages award set aside.
The Court of Appeal will now be expected to determine the constitutional and legal questions arising from the High Court judgment, including the validity of the impeachment process and whether the Sh50 million compensation award was justified.
