Deputy President Rigathi Gachagua and CJ Koome
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Deputy President Rigathi Gachagua is currently embroiled in a controversial legal battle to halt his impeachment process.
Represented by Senior Counsel Paul Muite, Gachagua appeared before High Court Judge Lawrence Mugambi, arguing that the petitions seeking to stop his ouster should be heard by a bench of more than two judges due to the weighty constitutional issues they raise. Muite emphasizes that the public participation conducted by Parliament did not meet the required threshold, asserting that the standard for impeaching a Deputy President should be higher than that of a county governor, given the office's stature. The legal team further contends that the petition raises significant constitutional concerns, including the Standing Order which allows only 12 days for the completion of the impeachment process.
They claim that the public participation process was inadequate as citizens were asked to provide opinions after Parliament had already presented its case against Gachagua, potentially prejudicing him. According to Muite, the Deputy President was not afforded sufficient time to respond to the allegations which were then put to the public as the basis for his potential removal from office. Conversely, the National Assembly, represented by lawyer Benson Millimo, maintains that it had concluded its part of the process and presented its resolution to the Senate. Millimo argues that if Gachagua had concerns about the procedure, he would have the opportunity to defend himself in the trial chamber.
He asserts that the matter of public participation is already settled and that the court lacks jurisdiction to address it at this stage. Millimo further states that once the issue of jurisdiction is raised, the court should determine that matter before considering any other applications. The impeachment process against Deputy President Gachagua has become a focal point of Kenyan politics. The National Assembly voted overwhelmingly in favour of impeachment, with 281 MPs supporting the motion and 44 opposing it. The allegations against Gachagua include corruption, abuse of office, and engaging in ethnically divisive politics. Gachagua has vehemently denied all accusations, dismissing them as outrageous propaganda aimed at tarnishing his reputation.
The impeachment motion emerged following a reported rift between Gachagua and President William Ruto. The Deputy President faces accusations of acquiring properties through corrupt means, though he maintains that the assets in question belong to his late brother. This political drama has diverted attention from the pressing concerns of the Kenyan public, who are grappling with a high cost of living. The Senate is scheduled to debate the impeachment next week, with Senate Speaker Amason Kingi confirming that the allegations will be investigated on Wednesday and Thursday. The outcome of these deliberations will determine whether Gachagua becomes the first Kenyan Deputy President to be removed from office through impeachment by the National Assembly.