The High Court has ordered that the petition challenging the impeachment of Deputy President Rigathi Gachagua be sent to Chief Justice Martha Koome, who will establish a three-judge bench to deliberate on the case.
This decision, issued by High Court Judge Lawrence Mugambi on Friday, highlights the significant public interest in the matter.
Judge Mugambi emphasized the importance of the court’s role in serving the public on matters of great concern, stating,
“This is one of those rare instances where the court must rise to the occasion and utilize all available resources to serve the public interest.”
He noted that, despite opposition from the respondents, the case presents substantial constitutional questions under Article 163 (B) and (D)(2).
Consequently, Mugambi deemed it necessary to refer the case to the Chief Justice for further action.
Judge Mugambi specified that the primary case for review will be Petition No. E522 of 2024, accompanied by Petitions E509, E537, E528, E525, and E506 of 2024.
These cases collectively challenge the legitimacy of the procedures leading up to Gachagua’s impeachment.
This development follows a call from DP Gachagua’s lead counsel, Paul Muite, who argued that the case raises substantial constitutional issues.
Muite had previously emphasized the need for a thorough review of the public participation and impeachment procedures that Parliament followed, questioning the validity of the actions taken against the Deputy President.
“It’s not merely about the numbers in the National Assembly; there must be evidence of gross constitutional violations, which is crucial here,” Muite remarked.
He also stressed the importance of Article 1 of the constitution, reminding the court that “this is about the sovereignty of the people who elected the President and the Deputy President.”
With this direction, the case now moves forward to Chief Justice Koome, who will determine the bench that will oversee the petition’s constitutional examination.
Atwoli Declares He Has No Interest In Deputy President Position
