The High Court of Kenya has given the way forward on petitions filed seeking to stop the special motion on removal from office, by impeachment, of Deputy President Rigathi Gachagua.
High Court judge Justice Mugambi on Friday referred the petitions challenging DP Gachagua’s impeachment to the Chief Justice Martha Koome, for the empanelment of an uneven bench of judges.
Advertisement
“Considering the massive public interest this matter raises its my considered opinion this matter requires the input of a bench. It will require the mind of more than one bench,” said Mugambi.
Justice Mugambi is convinced that the petitions raise substantial questions of law to warrant the input of uneven number of judges.
Advertisement
Paul Muite asks cases challenging Gachagua impeachment be referred to CJ Koome
This comes after DP Gachagua through his lawyer Senior Counsel Paul Muite requested the judge to direct all the petitions seeking to stop his impeachment be heard by a bench of more than two judges.
He made the request while submitting the court needs to pronounce itself on the question of public participation and impeachment procedures conducted by Parliament.
Advertisement
Appearing before judge Mugambi, Muite argued that the issues raised in the petitions are weighty and require constitutional interpretation.
Also Read: Has Gachagua Resigned Ahead of Senate Impeachment Hearing?
DP 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 argued was rushed and unfair.
They insisted that the Deputy President should have been allowed to respond to the allegations in Parliament before public participation took place.
According to them, the public’s input was sought prematurely, infringing on his right to defend himself before Kenyans made their judgment.
Gachagua’s lead counsel further said 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.”
“The impeachment of the Deputy President is a grave matter that needs a three-judge bench to hear and determine the matter,” said Senior Counsel Paul Muite.
“It’s not about numbers in the National Assembly. There has to be proof of gross violation of the constitution, this is very important.”
National Assembly opposes request
On their part, the National Assembly’s lawyers contended that the matter can be resolved without empaneling additional judges.
Also Read: Profiles of 14 Lawyers Who Will Defend Gachagua in Senate
The lawyers further argued that the Senate is now seized of the matter and the court’s involvement is unnecessary.
They submitted that the DP Gachagua’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) had also been enjoined in the case, after 22 petitions from across the country were filed to challenge the impeachment.
These include five petitions that were presented before Justice Mugambi, with others before Justice Chacha Mwita.
On Wednesday, 282 MPs voted in favor of Gachagua’s impeachment, surpassing the constitutional requirement of 233 votes.
Follow our WhatsApp Channel for real-time news updates!
https://whatsapp.com/channel/0029VaB3k54HltYFiQ1f2i2C
