Gachagua accused of forum shopping in impeachment case

Gachagua accused of forum shopping in impeachment case

Deputy President Rigathi Gachagua at the National Assembly. PHOTO| CITIZEN DIGITAL

Deputy President Rigathi Gachagua has been accused of forum shopping in seeking court orders to save him from being impeached by the Senate.

During Monday’s mention the respondents in the case in which the DP is seeking orders to stop Senate from going on with the impeachment motion, lawyer Paul Nyamodi noted that there are similar matters pending before the court filed by the petitioner.

However, Gachagua’s lawyer Paul Muite argued that the petition before the court arose when the National Assembly passed the resolution to the Senate, hence the impeachment is in two phases. 

Muite said that it's unfair to accuse the DP of forum shopping.

At the same time the respondents in the case including Senate Speaker Amason Kingi and the Senate want the court to determine the issue of jurisdiction before hearing the matter.

According to them the court lacks the jurisdiction to hear and determination the case filed by Gachagua.

Muite said the DP’s constitutional rights have been violated and it's only the court that can save him from impeachment. 

In an application filed under a certificate of urgency, Gachagua lists at least 10 grounds he believes were used to aid what he terms a shambolic, unfair and a vicarious assault on him.

He says the charges supported by 282 MPs in the National Assembly were unsupported allegations, hearsay and outright lies.


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