Lawyers and experts in the legal field have shared different perspectives on whether courts can reinstate impeached Deputy President Rigathi Gachagua as the Deputy President.
In a media interview with NTV, prominent lawyers led by former Law Society of Kenya President Nelson Havi argued that the courts cannot save Gachagua by reinstating him as the Deputy President.
Havi argued that the constitution does not envisage a scenario where courts can reinstate the power of an impeached Deputy President.
“Impeachment is so to speak a constitutional coup. It is a sanitized coup. To what extent can the court entertain that course and what remedies are available?
So far as the remedies are concerned there is no precedent where this has been done and the structure and architecture of the constitution itself does not permit a remedy that can be fashioned to reinstate a disposed Deputy President for that matter,” Havi said.
His sentiments were echoed by his legal counterpart Professor Migai Akech who was also present.
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“The courts can only declare that the process was not right. The courts cannot say we are reinstating you as the Deputy President. The court can only agree that Gachagua was not impeached according to the law,” Migai clarified.
At the same time, Lawyer Ahmednasir Abdullahi on Wednesday, October 23, predicted that the courts will quash Gachgaua’s impeachment process on the grounds that he was denied a fair hearing at the Senate.
Lawyers argue whether DCJ has powers to constitute a bench
“Both the High Court and the Court of Appeal will quash Hon Rigathi Gachagua’s impeachment on the ground that he was denied the right to be heard during the Senate trial because he was sick. Both courts will order his immediate reinstatement,” Abdullahi argued.
The lawyer also discussed the issue of Deputy Chief Justice Philomena Mwilu constituting a three-judge bench to hear Gachagua’s impeachment case.
Also Read: DCJ Mwilu Powers Challenged in Gachagua’s Case as Lawyers Clash in Court
He argued that Gachagua and his lawyers will not win that case in court.
“So on Wednesday October 23, the High Court will rule on whether the DCJ Mwilu has powers to impanel judges to hear constitutional petitions. ( Gachagua will not win this),”Ahmednasir claimed.
Lawyer Nelson Havi also shared similar sentiments with Abdullahi saying that the DCJ has powers to impanel a bench in the absence of Chief Justice Martha Koome.
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