The High Court has taken a significant step in the impeachment case of Deputy President Rigathi Gachagua. On Friday, October 11, 2024, Justice Lawrence Mugambi referred the case to Chief Justice Martha Koome for further action, tasking her with appointing a bench of three judges to hear and determine the matter.
Highlights:
- Chief Justice Martha Koome was tasked with appointing three judges.
- Deputy President Rigathi Gachagua’s impeachment raises constitutional questions.
- Justice Mugambi refers the case due to its complex legal issues.
- Gachagua’s legal team argues the impeachment lacks adequate public participation.
Justice Mugambi Refers Constitutional Case
Justice Mugambi ruled that the cases raised complex constitutional issues that needed more judicial scrutiny. He emphasised that the questions brought forward in the case were of public interest and required special attention under Article 163 of the Constitution.
“In my view, despite stiff opposition by the respondents, these cases raise weighty constitutional questions that fall under Article 163. Hence, I am persuaded to refer them to the Chief Justice,” stated Justice Mugambi. He further noted that courts are not meant for academic debates but rather to serve the public in matters of great concern. “This is one of those rare occasions that the court should rise to serve the public with all the resources it can summon,” he added.
Gachagua’s legal defense
The ruling came after Gachagua’s legal team, led by Senior Counsel Paul Muite, argued that the impeachment raised several unprecedented constitutional issues. This is the first time since the 2010 Constitution that a Deputy President is facing impeachment, making the case both unique and complex.
Muite argued that the impeachment of a deputy president differs significantly from that of a president or governor, insisting that the motion did not go through adequate public participation, a constitutional requirement.
The legal team contended that Gachagua should have been given the opportunity to respond to the 11 charges brought against him before public participation could begin. “It is not about the numbers in the National Assembly. There has to be proof of gross violation of the Constitution. The right to a fair trial cannot be limited,” argued Muite.
What Happens Next
With the case now referred to Chief Justice Koome, the ball is in her court to appoint a team of judges to address the constitutional questions raised by the impeachment. The case is also under consideration in the Senate, where lawmakers are set to debate the 11 charges laid against Gachagua.
During the Senate hearing, both the National Assembly and Gachagua’s legal team will have the chance to present witnesses and evidence. The Deputy President will be granted four hours to defend himself, with the support of his legal team.
This impeachment case comes at a time when Kenya faces major national challenges, including a struggling economy and ongoing healthcare reforms. Political analysts have expressed concern that the impeachment could further divide the nation and distract the government from more pressing issues. However, the case will continue to move forward as both the judiciary and Senate play their respective roles in this high-stakes political drama.
READ ALSO: