Deputy President Rigathi Gachagua is pushing for all petitions against his impeachment to be heard by a larger bench of judges.
He argues the issues at stake require substantial constitutional interpretation.
In a hearing before High Court judge Lawrence Mugambi,
Gachagua’s Senior Counsel, Paul Muite, stated, “The court must address the public participation conducted by Parliament. It fell short of the required threshold.”
Muite emphasized that the threshold for impeachment should exceed that of a county governor. “The resolution to impeach should be reviewed by more than one judge. We request that these matters go to Chief Justice Martha Koome,” he added.
He pointed out that the case raises significant constitutional concerns. “The Standing Order allows only 12 days for handling impeachment of the Deputy President,” he said.
Muite criticized the public participation process as inadequate.
He claimed, “Members of the public offered opinions only after Parliament had already formed its case against Mr. Gachagua. This prejudiced him.”
He argued the Deputy President did not have sufficient time to respond. “He should have been allotted at least 12 days to prepare his defense,” Muite asserted.
Benson Millimo, representing the National Assembly, countered that the Assembly has completed its process and sent its resolution to the Senate.
He stated, “If Mr. Gachagua has procedural concerns, he can address them in the trial chamber.”
Millimo maintained, “The question of public participation is concluded. The court lacks jurisdiction to address it at this stage.”
Lawyer Peter Wanyama opposed Muite’s request. “Public participation has been addressed previously. This matter can be handled by a single judge,” he argued.
Wanyama also deemed the matter premature, noting the Senate had not yet ruled on the impeachment.
Paul Nyamodi, representing the Senate, revealed 22 cases aimed at halting Gachagua’s impeachment. He proposed that all cases be directed to principal judge Eric Ogola for guidance.
The court is expected to rule on this matter on October 11. Gachagua maintains that the impeachment process undermines the will of the voters.
He insists it must adhere strictly to constitutional and parliamentary procedures
He also raised concerns about the public views template used in the participation process. “It limits the content of opinions and lacks identity verification,” Gachagua stated.
He called for public participation across all 290 constituencies and in the Diaspora during impeachment proceedings.
