Gachagua lawyers fault Senate over impeachment process

Lawyers representing former Deputy President Rigathi Gachagua have told the court that the Senate failed to independently interrogate the charges levelled against him before approving his removal from office.

In their submissions before the court, the lawyers argued that public participation in the impeachment process was not satisfactorily proven, insisting that the process fell short of constitutional standards requiring meaningful involvement of citizens and stakeholders.

The defence questioned whether stakeholders were accorded a genuine opportunity to participate in the process, stating that the court must interrogate whether any groups were directly restricted or unable to present their views during the proceedings.

They further argued that the court should determine whether stakeholders were supplied with all the necessary information to enable effective participation and whether any individuals or groups declined to take part in the exercise.

According to the lawyers, public participation is a constitutional principle that requires citizens to be actively involved in decision-making processes, particularly in matters of significant national importance such as the removal of a Deputy President from office.

The legal team maintained that the Senate was required to exercise its mandate independently and objectively in determining whether the charges against Gachagua met the threshold for his removal from office.