Court Declines to Halt Public Participation in DP Gachagua’s Impeachment Motion

The High Court in Nairobi on Thursday declined to issue orders stopping public participation in a motion before the National Assembly that seeks to impeach Deputy President Rigathi Gachagua. The court, while certifying the petition as urgent, directed the involved parties to appear on October 10 for further directions regarding the matter.

Highlights:

The High Court declined to stop public participation in the impeachment motion against Deputy President Rigathi Gachagua.
Gachagua’s lawyers argued the motion was based on deceit and misrepresentation of facts.
Public participation continues as Gachagua seeks to halt the process, claiming it undermines the will of Kenyans.

In its directive, the court stated, “The application dated 02/10/2024 shall be mentioned on 09/10/2024 virtually to confirm compliance and to take directions on the expedited hearing and determination of the matter.” It added that interim orders may be issued on that day pending the hearing and determination of the case.

The court’s ruling comes just hours after Deputy President Gachagua moved to court seeking conservatory orders to stop his impeachment. His legal team argued that the motion, tabled in Parliament, was founded on false claims and misrepresentation of material facts and had insufficient time allocated for meaningful public participation.

Gachagua’s Objections to the Motion

Gachagua expressed concerns that the public participation period was inadequate, limiting any genuine or reasonable engagement from the Kenyan people. He also accused National Assembly Speaker Moses Wetangula and his deputy, Gladys Boss Shollei, of being biased, claiming they had already shown how they wanted the impeachment process to unfold.

According to the Deputy President, the impeachment motion was politically motivated and aimed at undermining the democratic will of the people. “The intended impeachment process against me essentially seeks to overturn the sovereign will of the majority of Kenyans who voted for me to be the Deputy President of the Republic of Kenya,” Gachagua argued in his petition.

The Deputy President also emphasised that impeachment is a serious process, calling for strict adherence to constitutional provisions and parliamentary rules of procedure to ensure fairness.

Previous Court Attempts to Stop the Impeachment

This is the fourth time the courts have declined to issue orders halting the impeachment motion. In the last week alone, three similar petitions have been filed, seeking to stop Gachagua’s ouster, but all have been unsuccessful.

On September 30, a petition was filed by a concerned Kenyan seeking to stop the impeachment process, citing violations of due process. The petition was aimed at blocking the Senate and National Assembly from proceeding with the motion. However, a three-judge bench of the Constitutional Division of the High Court declined to issue interim orders and directed the parties to appear for mention on October 10.

The mounting legal challenges reflect the high stakes involved in the impeachment motion, as political tensions continue to rise across the country. As public participation in the motion continues, all eyes will now be on the October 10 court session for further developments in the case.