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DP Gachagua makes u-turn, says he will not file petition against High Court Judge

Deputy President Rigathi Gachagua. (Photo: PCS)

By Dennis Tarus | 18 Jan 2024

Gachagua had claimed that Justice Maina had declared his wealth proceeds of crime without giving him a chance to defend himself.

Deputy President Rigathi Gachagua now says that he has shelved his earlier plan to seek the removal from office of a High Court Judge.

Last Sunday, DP Gachagua indicated that he would file a petition before the Judicial Service Commission (JSC) seeking the removal of Justice Esther Maina for alleged misconduct and corruption.

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Gachagua claimed that Justice Maina had declared his wealth proceeds of crime without giving him a chance to defend himself.

However, the DP on Thursday said he will not pursue the matter, citing his support for the dialogue process between President William Ruto and Chief Justice Martha Koome regarding the conduct of judicial officers.

"Gachagua notes the current national discourse on judicial transparency and the application of Article 10 of the Constitution of Kenya on the conduct of the judges and other judicial officers," the DP's Head of Communications Njeri Rugene said.

"In this regard, the Deputy President will not proceed with the matter of the petition, for now."

Sharp criticism

The DP's statement drew sharp criticism from the Law Society of Kenya, members of the Judiciary, and the opposition.

LSK President Eric Theuri on Monday dared Gachagua to make good his threat to seek the removal of Justice Maina as long as he has evidence.

Theuri said such a move would contribute to strengthening democratic institutions, as it would provide an opportunity to assess the merit of the allegations against the judge.

CJ Koome earlier this week condemned President William Ruto’s recent onslaught on the Judiciary.

“It is regrettable that the leadership of the executive and legislature in their recent public declarations have threatened not to obey court orders. These threats and declarations are extremely serious and a monumental assault on the Constitution, the rule of law, and the very stability of the nation and can lead to chaos and anarchy in our motherland,” Koome said.

Wiper leader Kalonzo Musyoka said the DP's actions will have an adverse effect on the relationship between the Executive and the Judiciary.

“I am waiting to see whether the Chief Justice will receive Gachagua; he said he is going to lead a protest. I want to see that because that will be the culmination of absurdity with regard to the relationship between the Executive and the Judiciary,” Kalonzo said on Tuesday.

“We are witnessing very absurd situations and we must say enough is enough. Please leave the Judiciary alone.”

In 2022, Justice Maina had ordered the DP to forfeit Sh202 million, stating that it was proceeds of corruption.

However, Gachagua appealed this decision and accused Justice Maina of bias. Subsequently, in November 2022, the Anti-Corruption Court terminated his Sh7.3 billion corruption case against Gachagua due to a lack of evidence, and the money was returned to the then-Mathira MP.