High Court refers Gachagua impeachment petition to CJ Koome for review

The High Court has issued orders allowing the petition challenging Deputy President Rigathi Gachagua's impeachment to be forwarded to Chief Justice (CJ) Martha Koome, who will empanel a three-judge bench to determine the case.

High Court judge Lawrence Mugambi issued the decree on Friday, emphasizing that the case warrants the attention of CJ Koome, as it is a matter of great public interest.

"Courts exist to serve the public in matters of great concern to them and this one of the rare occasions where the court should arise to the occasion and serve the public with all the resources that it can possibly summon," said Mugambi.  

"In my view, despite stiff opposition by the respondents, it is my considered opinion that this petition risks weighty constitutional questions that fall under Article 163 B and D (2) hence I am pursuant to refer it to the Chief Justice for empanelment of a bench."  

Mugambi added that; "The lead petition shall be petition No. E522 of 2024. The rest to be forwarded alongside this file to the Chief Justice are petition E509 of 2024, E537 of 2024, E528 of 2024, E525 of 2024 and E506 of 2024."

The development comes just two days after Lawyer Paul Muite, DP Gachagua's lead counsel, called for the same, arguing that the case raises weight issues. 

Further, he cited the need for a thorough review of the public participation and impeachment procedures that preceded the second-in-command's impeachment by Parliament.

"It's not about numbers in the National Assembly....There has to be proof of gross violation of the constitution , this is very important," said Mwite then.

Additionally, Mwite added that Article 1 of the constitution is very important and the court should bear in mind that "we are talking about the sovereignty of the people who elected the president and the deputy president."