Gachagua impeachment: Court orders second round of public participation process

In a ruling delivered on Thursday, Justice Richard Mwongo of the Kerugoya Law Courts deemed that public participation stage must involve all Kenyans' views and should not be conducted as a formality. 

He explained that every public participation process must be clear for the public to understand, have simple structures, offer a balanced influence from the public, be inclusive and transparent in nature. 

The judge also pointed out that the public must be adequately informed of the process and the subject beforehand. 

He directed that the public participation, which kicked off on Friday, October 4, would go on as planned and  be termed as the first stage.

The judge, however, directed another round of public participation to be held at constituency levels to enable all Kenyans to offer their views. 

"The Parliament shall organise similar public hearings closer to the citizens at least at the constituency level on each constituency in Kenya to enable the constituents of Members of Parliament responsible for the impeachment process nationally to engage level can participate and offer their representations," the ruling read in part. 

The orders come after Kirinyaga Women Representative Njeri Maina filed a petition challenging the effectiveness of the public participation exercise scheduled for Friday. 

In her petition, she indicated that the notice period for public hearing was too short as the notice for the exercise was published on the local dailies on October 2, 2024, two days before the due date.

She noted that this was insufficient for the public to be aware and sensitised over the process. 

She also pointed out that the government had not specified the exact website to download the template form, indicating that this would lock out many from process.

Further, she argued that the government assumed all Kenyans had access to internet to access the template form. 

"The supposed template purports to limit or ring-fence the responses to the Special Motion and does not allow for submission of reasons in support or opposition to the Special Motion only providing insufficient check boxes," the petition read in part. 

"The supposed template is crafted in a manner to only solicit positive responses in support of the Special Motion."

The lawmaker argued that all Kenyans' views must be accounted for given the implications of the DP's impeachment process.