Lawyer Makau Mutua on October 7 insisted Deputy President Rigathi Gachagua‘s impeachment is political and not judicial.
In a statement through his X account, the Professor issued a rebuttal towards former Makueni Governor, Professor Kivutha Kibwana who argued Gachagua’s impeachment should be guided within the confines of the constitution.
“Professor Kibwana does not seem to fully appreciate that impeachment of the Deputy President, or his boss the president, as provided for in the 2010 constitution is a political tool available to the political branches to punish malfeasance,” part of the statement read.
Further, Makau Mutua argues that parliament is vested with the responsibility of oversight over the executive and the conduct of its officers.
Makau Mutua explains why Gachagua’s impeachment is political
“The two most senior offices in the country are those of the President and his Deputy.
“If the DP countermands his boss and openly instigates opprobrium against him among other gross misconduct and illegalities it’s the singular duty of the Parliament to clean up the mess by sending the DP home through impeachment, if the DP lacks the public shame to leave of his own accord,” the distinguished professor explained.
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Mutua further said at best, impeachment, as envisaged by the drafters of the Constitution, is a quasi-judicial political process, not a judicial process.
“The constraints of strict compliance with due process available in courts of law is unavailable in an impeachment.
This is a critical point that Prof Kibwana misses,” Makau Mutua claimed.
Raila aide warns Judiciary not to intervene Gachagua’s impeachment
Additionally, Makau urged the Judiciary not to interfere with Gachagua’s impeachment, arguing that doing so would violate the separation of powers.
“Let me remind our judges of one cardinal principle governing the separation of powers in a democracy. The courts must exercise the doctrine of judicial deference to the political branches on matters that lie squarely within their purview and on which the courts must tread lightly,” Mutua warned.
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“On impeachment, the Judiciary must exercise utmost judicial restraint to avoid overreach and the violation of the principle of separation of powers.”
“Public policy requires that courts understand the proper limits of their power relative to the other two branches,” Mutua added.
Furthermore, Mutua urged the courts not to interfere with the National Assembly’s decision if Gachagua is impeached by the National Assembly and the Senate later concurs.
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