BY LEEROY WUONE.
The High Court has consolidated more than 20 petitions filed across the country seeking to stop the impeachment process against Deputy President Rigathi Gachagua.
Justice Lawrence Mugambi, who is overseeing the case, announced that a ruling on whether to forward the matter to Chief Justice Martha Koome will be made on October 11, 2024. The petitioners are requesting the empanelment of a bench of three to seven judges to hear the case due to its constitutional importance.
During the court proceedings, Gachagua’s defence team, led by Senior Counsel Paul Muite and Elisha Ongoya, argued that the matter warrants urgent attention. They urged Justice Mugambi to recognize the “self-evident urgency” of the case and to refer it to the Chief Justice for the constitution of a multi-judge bench. The defence emphasized the constitutional nature of the case, stating that it “falls under a presidential system of governance” and that “the sovereignty of the people in the process is key.”
The defence also raised concerns about the public participation process, arguing that it was inadequate and that there is no substantive legislation governing the procedure. According to them, the parliament’s involvement in the impeachment should be closely scrutinized. “The narrative that the Deputy President is elected by the people lacks merit,” argued the respondents’ legal team, led by counsels Paul Nyamodi and Peter Wanyama, who further stated that a single judge could adequately handle the case.
Despite the defences’ call for a larger bench, the respondents urged the court to reject the petitioners’ request for a multi-judge panel. Justice Mugambi will now decide whether the case should be referred to Chief Justice Martha Koome for further judicial intervention.