Nairobi — The High Court will on Tuesday determine whether the Senate can proceed with impeachment hearings against Deputy President Rigathi Gachagua.
The Deputy President is set to defend himself before the Senate on Wednesday, facing 11 charges approved by 282 MPs in the National Assembly vote. Gachagua maintains that the impeachment is politically motivated and expressed confidence that the judiciary will deliver a fair ruling.
Justice Chacha Mwita reserved his ruling after Senior Counsel Paul Muite and lawyer Tom Macharia, representing the petitioner, argued that the National Assembly's impeachment process was unconstitutional due to the lack of proper public participation.
The legal team contended that the public was denied their democratic rights, with participation purportedly conducted only at county headquarters for a single day, while the impeachment vote proceeded simultaneously at the National Assembly on October 8, 2024.
They further argued that the impeachment motion was passed late in the evening and immediately transmitted to the Senate, violating constitutional provisions.
Chief Justice Martha Koome has already appointed a three-judge bench to hear Gachagua's petition challenging the impeachment process.
Justice Eric Ogola will preside over the case, with Justices Antony Mrima and Dr. Freda Mugambi also on the panel. This consolidated petition, along with five others, will scrutinize the legality of the impeachment, raising concerns about the procedures followed in the process.
The Senate's trial is expected to last two days, with a possible extension if more time is needed to review evidence and cross-examine witnesses. For the impeachment to be upheld, the Senate requires a two-thirds majority vote. If successful, it would mark the first time a sitting Deputy President in Kenya is removed through an impeachment process.
However, the petitioners are urging the court to halt the Senate proceedings scheduled for October 16-18, 2024, until the legality of the impeachment is fully determined. They argue that the ongoing proceedings must be suspended to give the judiciary time to resolve the 20 petitions currently challenging the impeachment.
Opposing the request, lawyers representing the National Assembly Speaker and the Senate Speaker, Benson Mukumu and Paul Nyanodi, argued that the current petition is similar to others already pending in court, and no new grounds have been presented to justify suspending the Senate trial.
