National Assembly lawyers reject Gachagua’s fair hearing claims

Appearing before the court, lawyer Michael Muchemi, representing Mwengi Mutuse, argued that Gachagua had not only lost the confidence of Parliament but also the support of the political party that sponsored him to office.

Muchemi told the court that the charges facing the former Deputy President should not be subjected to strict judicial standards, maintaining that impeachment proceedings are political in nature and guided by constitutional and parliamentary processes.

At the same time, lawyers representing the Speaker of the National Assembly defended the conduct of the impeachment proceedings, rejecting allegations that the Speaker acted with bias against Gachagua.

The Speaker’s legal team argued that adherence to constitutional timelines did not amount to an expedited or unfair hearing process, insisting that all legal procedures were followed and that Gachagua was accorded an opportunity to participate in the proceedings.

They further submitted that the Speaker of the National Assembly merely acts as a presiding officer and does not take part in debates or decision-making during House proceedings.

The submissions come as Gachagua’s legal team continues to press the court to declare his impeachment unconstitutional.

The former Deputy President is seeking several declarations from the court, including a finding that the impeachment process violated Articles 10, 47, 50, 118 and 145 of the Constitution.

His lawyers also argued that the public participation exercise conducted on October 4 and 5, 2024 failed to meet the constitutional threshold for meaningful public participation.

The team further wants the court to declare that the appointment of a select committee by the Senate is mandatory in the impeachment process of a President or Deputy President, and that proceedings conducted outside such a committee were unconstitutional.

They additionally challenged Standing Order 64(2), arguing that the timelines provided under the Standing Order were incompatible with constitutional requirements.

Gachagua’s lawyers are also seeking orders to quash the National Assembly of Kenya resolution of October 8, 2024 and the Senate of Kenya resolution of October 17, 2024 that upheld his impeachment.

Further, the former Deputy President is seeking compensation for remuneration, damages and losses arising from what he terms as an unlawful and procedurally flawed removal from office.

The matter is being heard before a three-judge bench comprising Justices Erick Ogolla, Anthony Mrima and Freda Mugambi, who are expected to issue directions on pending applications and hear arguments on the substantive petition.

Gachagua became the first Deputy President in Kenya’s history to be impeached after the Senate upheld charges against him in October 2024. He has since alleged that bribes were solicited in both the National Assembly and the Senate to support his removal.