Court declines to suspend public participation exercise in Gachagua impeachment process

The High Court has rejected a request to issue temporary orders suspending the public participation exercise set to begin on Friday, October 4, regarding Deputy President Rigathi Gachagua's impeachment motion.

Gachagua had petitioned the court alleging that the impeachment motion, tabled in Parliament on Tuesday, is a total breach of his constitutional rights and that he is a victim of political lynching.

He had also asked the court to halt the planned public participation in his impeachment until proper mechanisms were put in place in accordance with the law.

However, in a ruling on Thursday, Justice Bahati Mwamuye acknowledged the urgency of the case filed by Victor Okoth and ordered it to be prioritised for hearing.

In his court documents, Okoth had argued that halting the public participation process was essential, as he claimed it undermines the constitutional integrity of the impeachment process and violates principles of fair hearing and due process.

“The public is being misled to participate in an unconstitutional process at a level that was not designed for their direct involvement,” he said.

The judge instructed Okoth to serve his application on the National Assembly, its speaker, and the clerk. The Deputy President has been named as an interested party in the matter.

The case will be mentioned again on October 9 to confirm compliance and provide directions for the expedited hearing and resolution.

On Tuesday, National Assembly Speaker Moses Wetang’ula announced that public participation regarding the impeachment motion against Gachagua will occur on Friday, across all 47 counties.

Wetang’ula stressed the significance of public involvement in the impeachment process, noting, “At the very outset, permit me to note that it would be absurd for any person to imagine that a motion such as the one presently before the House may be included without the participation of the public. I am indeed persuaded that public participation is an integral element of the process of removal of an elected state officer from office.”

He further elaborated on how the public would engage in this process, revealing that the House Business Committee had approved a program for public participation across the country to be coordinated from all 47 counties.

The motion supporting Gachagua's removal garnered the signatures of 291 MPs, based on the 11 charges brought against him. Among the charges include; gross violations of the Constitution, misconduct, and breaches of the Anti-Corruption and Economic Crimes Act, along with the Leadership and Integrity Act.