An application has been filed at the Court of Appeal seeking to strike out an appeal arising from a High Court judgment involving former Deputy President Rigathi Gachagua, the Speaker of the National Assembly and other parties.
The applicant argues that the appellate court lacks jurisdiction to hear the appeal because the notices of appeal filed by Gachagua allegedly failed to comply with the Court of Appeal Rules, 2022.
Through the law firm of Mukele Moni and Company, the applicant contends that the alleged defects affect the validity and competence of the appeal and deprive the court of jurisdiction to determine the matter.
“The said defects go to the validity and competence of the Appeal and further extend to the jurisdiction of this court. Consequently, the defects render the appeal fatally defective and deprive this court of the requisite jurisdiction to entertain the same,” reads the court application.
According to the application, Gachagua, dissatisfied with the High Court judgment, served a Notice of Appeal dated June 18, 2026, on June 19. However, the applicant claims the notice was not filed until August 6, 2026, outside the 14 days prescribed under Rule 77(2) of the Court of Appeal Rules.
The applicant further argues that the initial notice failed to specify the part of the judgment against which the intended appeal was to be lodged, despite indicating that the appeal would challenge only part of the judgment.
The court has also been informed that a second Notice of Appeal, dated June 19, 2026, was subsequently served and filed on August 5, 2026.
The applicant contends that the second notice contains a similar defect, alleging that it identifies portions of the judgment that the appellant does not intend to challenge instead of clearly specifying the part of the judgment being appealed.
“THAT consequently, the Record of Appeal, having been founded upon defective Notices of Appeal, is fatally defective and incapable of sustaining a competent appeal thus ought to be struck out,” the application states.
The applicant argues that the alleged failure to identify the specific portions of the judgment under challenge leaves the scope of the intended appeal unclear and amounts to non-compliance with the court rules.
The application consequently seeks orders striking out the two Notices of Appeal.
In the alternative, the applicant wants the Court of Appeal to strike out the Record of Appeal dated August 13, 2026, and filed on August 14, 2026.
The Court of Appeal will determine the application in accordance with the parties’ submissions and the applicable legal requirements.
