Three-judge bench formed to hear DP Gachagua's impeachment petitions

Chief Justice Martha Koome has appointed Justices Eric Ogola, Freidah Mugambi, and Anthony Mrima to a three-judge bench that will hear and rule on petitions challenging the impeachment of Deputy President Rigathi Gachagua.

The cases, filed in various courts, will be consolidated under the panel's review.

A court document indicates that the CJ made the appointments last week after Gachagua was impeached by the National Assembly.

The document was released just a day before High Court judge, Justice Chacha, rules whether to halt the Senate’s impeachment process, which is scheduled to take place between Wednesday and Friday this week. Gachagua is expected to appear before the Senate to defend his case. The lawmakers will either uphold or nullify the resolution made by the National Assembly to impeach the DP.

Should Justice Mwita issue conservatory orders to halt the Senate’s impeachment proceedings, it would offer Gachagua a major reprieve, allowing him to remain in office as Deputy President while the court reviews the petitions challenging his removal.

Gachagua's lawyers are putting up a spirited fight against the impeachment, with lawyer Tom Macharia categorically stating the DP's fear of being permanently barred from holding public office, claiming that his impeachment is politically motivated.

"His rights in Article 38 of the constitution shall be taken away, and he will not be able to even hold his previous position of District Officer (DO) of Navakholo," stated Macharia.

Last week Gachagua's lead lawyer, Senior Counsel Paul Muite, further told Justice Mugambi that they will be seeking the conservatory orders before the empaneled bench once set up, before proceeding with the hearings.

Muite has since maintained that the impeachment process is a gross violation of the Constitution as it is riddled with irregularities and illegalities.

Muite contends that Gachagua should have been granted the opportunity to address the allegations against him, with his response included in the public participation process, allowing citizens to assess the accusations and form an informed opinion.

Deputy President Rigathi Gachagua appears before the National Assembly, on Tuesday, October 8, 2024 to defend himself against an impeachment motion. (X/National Assembly)

He maintains that 50 million adult Kenyans and the 14 million registered voters were denied the opportunity to exercise their rights to public participation because the process was irregular and "a fallacy and mockery" of the constitutional process.

The lawyer said the National Assembly's actions threaten to turn Kenya into an imperial state where those in power choose when to comply with the provisions of the constitution.

However, lawyers Paul Nyamondi and Peter Wanyama, representing the National Assembly and the Senate, argued that the reliefs Gachagua is seeking in court would still be accessible to him even if he is impeached.

They added that the proceedings in the NA were constitutional and guided by the houses' standing orders.

But Macharia dismissed the line of argument as "telling a bull that you can go to the slaughterhouse and then seek remedy later.".