Lawyers disagree with High Court verdict on Gachagua's impeachment

Rigathi Gachagua, the former Deputy President of Kenya, has announced plans to appeal the recent High Court ruling that upheld his impeachment. This decision comes after a three-judge bench confirmed the legality of the impeachment process carried out by the National Assembly and the Senate. Despite acknowledging the court's authority, Gachagua expressed strong disagreement with the interpretation of the law and the application of facts in the case. He emphasized that his constitutional right to a fair hearing was violated during the proceedings leading to his removal from office.

Gachagua, flanked by members of the Democracy for Citizens Party (DCP), stated that he intends to file an appeal at the Court of Appeal. His main argument centers around the disregard of the principles of natural justice during the Senate proceedings. He specifically criticized the refusal of lawmakers to grant him an adjournment on medical grounds, which he claims undermined his right to a fair hearing.

The High Court's ruling acknowledged that while Gachagua's fair trial rights were indeed infringed upon by the Senate, this infringement was deemed insufficient to invalidate the entire impeachment process. The court reasoned that overturning the process at this stage might introduce constitutional uncertainty and potentially result in two individuals claiming the position of Deputy President. Additionally, the court validated the appointment of the current Deputy President, asserting that both the Parliament and the President adhered to the law and met constitutional deadlines.

Legal experts have voiced significant concern over the High Court's decision. The Law Society of Kenya (LSK) President, Charles Kanjama, pointed out that this ruling contradicts established legal practices, noting that typically, a violation of the right to a fair trial would necessitate invalidating the process or ordering a retrial. Former Judicial Service Commission (JSC) Commissioner Macharia Njeru highlighted the potential dangers of setting such a precedent, comparing it to the Supreme Court's decision to nullify the 2017 presidential election due to procedural flaws.

Other legal figures echoed these sentiments, emphasizing that the ruling seems to suggest that constitutional rights violations can be compensated with damages instead of being rectified through judicial intervention. This perspective was shared by several prominent lawyers, including Martha Karua of the People's Liberation Party, who argued that an unfair process cannot yield a just outcome.

In response to the ruling, Gachagua has also announced a 45-day consultative retreat at Wamunyoro aimed at formulating the opposition's strategy for the upcoming 2027 General Election. During this period, he plans to convene a diverse group of stakeholders, including supporters, political allies, opinion leaders, professionals, clergy, and other interested parties. The primary objective of these consultations is to identify and agree on a unified opposition presidential candidate to challenge President William Ruto in the 2027 elections.

Gachagua mentioned that a 60-member advisory council composed of elders, professionals, youth representatives, and religious leaders has recommended that the opposition's phase of political mobilization against the Kenya Kwanza administration is largely complete. According to him, having a single candidate to oppose President Ruto is essential for the liberation of the nation. This strategic move underscores the importance of unity among opposition forces in preparing for the upcoming general elections.

As the legal battle unfolds, the implications of the High Court's decision remain uncertain. Legal experts and political figures continue to debate the ramifications of the ruling, with some expressing deep concern over the potential impact on constitutional rights and judicial integrity. Meanwhile, Gachagua remains resolute in his intention to pursue an appeal, hoping that justice will ultimately prevail in his case. The coming months will likely see further developments as the legal process continues and the political landscape evolves in anticipation of the 2027 elections.