Former Deputy President Rigathi Gachagua’s legal battle over his impeachment has taken a new turn after an application was filed at the Court of Appeal seeking to have his appeal struck out.
The application challenges the validity of the appeal filed by Gachagua as he seeks to overturn the High Court decision that upheld his removal from office.
According to the court papers, the applicant argues that Gachagua’s legal team did not follow some of the requirements set under the Court of Appeal Rules, 2022. One of the main issues raised is the timing of the notices of appeal.
The application claims that a notice dated June 18, 2026, was served on June 19 but was not filed until August 6. The applicant argues that this was outside the required 14-day period.
A second notice dated June 19 was also served and later filed on August 5, according to the court papers. The applicant argues that the second notice also contained problems because it allegedly failed to clearly identify the specific parts of the High Court judgment that Gachagua intended to challenge.
The applicant has therefore asked the Court of Appeal to strike out the two notices. Alternatively, the court has been asked to strike out Gachagua’s Record of Appeal dated August 13 and filed on August 14.
The latest development adds another legal hurdle to Gachagua’s attempt to challenge his impeachment.
In June, the High Court upheld his removal from office but also found that his right to a fair hearing had been violated during the Senate proceedings. The court awarded him KSh50 million in damages.
Gachagua subsequently moved to the Court of Appeal to challenge the judgment while retaining the portions that were favourable to him, including the finding on his constitutional rights.
The latest application will now put the focus on whether his appeal was properly filed and whether the Court of Appeal will allow the case to proceed.
The matter comes as Gachagua continues to remain active in Kenyan politics while his legal team pursues the available avenues of appeal.