High Court to rule whether cases challenging Gachagua impeachment will be referred to CJ Koome

The High Court will on Friday rule whether to refer Deputy President Rigathi Gachagua’s impeachment challenge to Chief Justice Martha Koome for the appointment of a multi-judge bench.

Gachagua’s legal team, led by Senior Counsel Paul Muite, on Wednesday argued that the case raises significant constitutional issues, as it is the first involving a Deputy President's impeachment.

The Deputy President's legal team said there is a need for proof of gross constitutional violations.

However, the National Assembly’s lawyers contend that the matter can be resolved without empanelling additional judges.

In petitions challenging the DP's impeachment process, Muite called for the case to be referred to CJ Koome to appoint a three-judge bench, citing the need for a thorough review of the public participation and impeachment procedures.

“The impeachment of the Deputy President is a grave matter that needs a three-judge bench to hear and determine the matter,” said the Senior Counsel.

Gachagua's legal team highlighted that impeachment procedures differ between the President, Deputy President, and Governors, stressing the lack of proper public participation, which they argue was rushed and unfair.

“It’s not about numbers in the National Assembly. There has to be proof of gross violation of the Constitution,” Muite added.

They insisted that the Deputy President should have been allowed to respond to the allegations in Parliament before public participation took place.

Gachagua claims the public's input was sought prematurely, infringing on his right to defend himself before Kenyans made their judgment.

“We are discussing the failures of Parliament. The right to a fair trial cannot be limited. These are weighty issues in a presidential system,” stated Muite.

The National Assembly lawyers further argued that the Senate is now seized of the matter and the court’s involvement is unnecessary.

They believe the Deputy President's claims have been overtaken by events, as the impeachment vote was carried out properly.

 “The National Assembly exceeded the standards for public participation,” said Advocate Benson Milimo.

The Law Society of Kenya (LSK) has also been enjoined in the case, as 22 petitions from across the country challenge the impeachment.

These include five petitions that were presented before Justice Lawrence Mugambi, with others before Justice Chacha Mwita.

Among the petitioners is Nicholas Mweu, who contests the legitimacy of the process. Both the National Assembly and Senate are also parties to the various legal challenges.

“I will write the ruling and let’s meet on Friday,” Justice Lawrence Mugambi stated.