An application has been filed at the Court of Appeal seeking to strike out an appeal challenging the High Court judgment that upheld the impeachment of former Deputy President Rigathi Gachagua.

The applicant wants the appellate court to strike out the appeal for want of jurisdiction, arguing that the notices of appeal filed by Gachagua’s team did not comply with the Court of Appeal Rules, 2022, and that the appeal was filed outside the constitutional 14-day period.

“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 papers as seen by TV47 Digital.

Through Mukele Moni and Company Advocates, the applicant maintains that Gachagua — dissatisfied with the judgment — served a Notice of Appeal dated June 18, 2026, on June 19. However, the application argues that the notice was not filed until August 6, 2026 outside the 14 day period prescribed under Rule 77(2) of the Court of Appeal Rules.

The applicant further contends 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 be against part of the judgment.

The court is also told that a second Notice of Appeal, dated June 19, 2026, was subsequently served and filed on August 5, 2026.

The applicant argues that the second notice suffers from a similar defect because it allegedly identifies portions of the judgment that the appellant does not intend to challenge, rather than clearly stating 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,” reads the application

According to the application, the alleged failure to identify the specific portion of the judgment under challenge leaves the scope of the intended appeal uncertain and amounts to non compliance with the court rules.

The applicant has consequently asked the Court of Appeal to strike out the two Notices of Appeal.

In the alternative, the applicant wants the appellate court to strike out the Record of Appeal dated August 13, 2026, and filed on August 14, 2026.