Former Deputy President Rigathi Gachagua has submitted 11 requests before the court in the petition challenging his impeachment, which led to his loss of office in 2024.
Through his lawyer, Bernard Nderitu, Gachagua, on Thursday, May 7, made submissions seeking various declarations and orders, arguing that the impeachment process was unconstitutional and violated multiple provisions of the Constitution.
Among his prayers was a declaration that the impeachment process conducted under Standing Order 64(2) violated articles 118, 145, 47, 50, and 10 of the Constitution.
Secondly, he argues that the modalities used in the public participation forums held on October 4, 2024, fell short of the threshold for proper, effective, and meaningful public participation required under Article 10 of the Constitution.
In addition, Gachagua wants the court to declare that the public participation modalities used on October 4 and 5, 2024, disregarded a court order issued in Kerugoya in Petition E024 of 2024.
Public participation and Senate compliance under scrutiny
The former DP is also seeking a declaration that the public participation conducted on October 4 and 5 did not meet the constitutional standards set forth in Article 118.
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In the submissions before the constitutional court, Gachagua argues that the Senate violated Article 118 by failing to conduct adequate public participation.
Gachagua further contends that the overall impeachment process, including the public participation held on October 10, 2024, fell short of constitutional requirements and is therefore null and void for violating Article 10.
Gachagua Questions Parliamentary Procedure and Select Committee
On the procedure used to prosecute his impeachment, the Democracy Citizens Party (DCP) leader seeks the court’s concurrence that the Senate must appoint a select committee to conduct the impeachment proceedings against both the President and the Deputy President.
Any impeachment proceedings conducted outside a select committee, the lawyer argued, are unconstitutional.
Further, Gachagua challenges Standing Order 64(2), terming it unconstitutional to the extent that it sets timelines incompatible with constitutional provisions.
He therefore seeks an order quashing the National Assembly’s October 8, 2024, resolution.
The former DP also sought an order quashing the Senate resolution of October 17, 2024, and requests that the court award the costs of the petition.
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Gachagua Seeks Compensation
The first impeachment session was held on April 27, where Gachagua argued that the impeachment process conducted by Parliament in October 2024 was unconstitutional, irregular, and failed to meet the public participation threshold required by law.
The DCP Party Leader also abandoned his prayer seeking reinstatement to office and shifted focus to compensation and declarations that the impeachment process violated the Constitution and legal procedures.
Senior Counsel Paul Muite, who is leading Gachagua’s legal team, told the court that the former Deputy President is seeking compensation for remuneration, damages, and loss arising from what he terms an unlawful and procedurally flawed removal from office.
