Gachagua’s legal team moves to court to contest his impeachment

Early morning, the legal team representing former Deputy President Rigathi Gachagua moved to court to contest his recent impeachment by the Senate. Led by Senior Counsel Paul Muite, the team argued that the impeachment proceedings were fundamentally flawed, primarily due to Gachagua’s absence during the hearings.

Highlights

Gachagua was recently impeached while in hospital
His legal team was on the frontline to defend his impeachment
They have now moved to court to challenge the impeachment

Impeachment Proceedings Overview

Gachagua was impeached on Thursday evening after a majority of Senators voted in favor of the motion, marking a significant moment in Kenyan political history. However, the process was marred by controversy, as Gachagua was scheduled to testify but fell ill during the proceedings. His lawyers attributed his illness to severe chest pains, which prevented him from participating in what they termed a critical phase of the hearings.

Senior Counsel Victor Swanya, who had previously indicated that legal action would follow if the Senate upheld the impeachment, reiterated their commitment to seeking justice.

“We warned that if the Senate resolved to impeach the former deputy president, we would pursue legal avenues,” Swanya stated.

Grounds for the Legal Challenge

The legal team outlined several key arguments in their challenge:

Absence of Key Witness: Gachagua’s absence, they argued, denied him the opportunity to defend himself effectively against the charges presented.
Public Participation Concerns: Swanya criticized the Senate for only allowing two days for public participation, claiming this timeframe was inadequate and inconsistent with constitutional requirements for effective public engagement. “This limited time compromises the essence of democracy and citizen involvement,” he asserted.
Allegations of Bias: The team also planned to contest the involvement of National Assembly Speaker Moses Wetangula and his deputy, Gladys Boss. Swanya claimed that both officials had shown bias, potentially compromising the integrity of the impeachment process. “For the sake of natural justice, I think the two principal officers should recuse themselves,” he emphasized.

Immediate Political Ramifications

The timing of the legal challenge coincided with a special sitting of the National Assembly, where Speaker Wetangula announced that Interior Cabinet Secretary Kithure Kindiki had been nominated by President William Ruto to replace Gachagua. This swift action underscored the urgency and significance of the situation, as political dynamics rapidly shifted in the wake of Gachagua’s impeachment.

The legal team’s move to contest the impeachment represents not only a fight for Gachagua’s political future but also a broader challenge to the procedures and fairness of parliamentary processes in Kenya. As the situation unfolds, all eyes will be on the courts to determine the legitimacy of the impeachment and its implications for the country’s governance.

Breaking news- Deputy president Rigathi Gachagua has been impeached!