Nairobi — The High Court has resumed hearing arguments challenging the impeachment of former Deputy President Rigathi Gachagua, with his lawyers alleging serious procedural violations by Parliament.
The legal team claims that both the National Assembly and Senate rushed the proceedings, effectively denying Gachagua a fair opportunity to defend himself before his removal from office in 2024.
According to the petitioners, the impeachment process failed to comply with constitutional and parliamentary procedures governing the removal of a Deputy President.
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During submissions before the court, the lawyers argued that the impeachment documents did not provide sufficiently clear information to enable an ordinary citizen to understand the allegations of "gross violation" of the Constitution.
"Each of the seven grounds provided from paragraph number seven does exactly the same thing for each of the grounds. For the grounds themselves, no information is provided that could help my grandmother in Kimmoral Village, Nandi County, understand what gross violation of Article 102A is. If she were to tick it, it would not be based on any information. Why? She was never sensitized," the lawyers submitted.
They further argued that strict adherence to due process is essential in preserving public confidence in democratic institutions and the rule of law, adding that the impeachment process failed to meet the required threshold of transparency in matters of national importance.
The team also questioned the credibility of public participation data presented during the proceedings.
"The information being provided to you is garbage. 30,000 Kenyans somehow walked into the National Assembly to deliver submissions to the clerk. My Lords, even with multiple clerks handling, it would take at least seven days to process such bulk input. The only inference that can be drawn from these numbers, 30,955, is that it is fiction," they submitted.
Gachagua is seeking a court declaration that his impeachment was unlawful, as well as payment of salaries, benefits, and privileges he says he lost following his removal from office in October 2024.
