Ousted Deputy President Rigathi Gachagua has raised concerns with the judiciary regarding the handling of cases related to his impeachment, questioning how they were assigned to a three-judge panel without explicit direction from Chief Justice Martha Koome.
In a letter dated October 20, 2024, sent through his attorney John Njomo, Gachagua sought clarification on whether the Chief Justice had any role in selecting an uneven number of judges to hear the petitions against his impeachment.
The correspondence, addressed to the Deputy Registry of the High Court, criticized the same three-judge bench that dismissed his request for conservatory orders for also swiftly rejecting a motion to lift a block on Deputy President nominee Kithure Kindiki from taking office.
The letter noted that the judges had issued further directives in a related case at Kerugoya High Court, scheduling hearings for October 22, 2024.
Gachagua’s legal team pointed out that Justices Eric Ogola, Antony Mrima, and Freda Mugambi, who are already handling multiple cases, would be tackling two additional cases on October 22, despite not being assigned to those.
The judges were also accused of misleadingly claiming there were no available dates to hear the petitioners’ cases until October 29, yet were able to accommodate new government cases earlier, including a session on Saturday, October 19.
Gachagua’s lawyer argued that this sequence of events demonstrated a coordinated effort to undermine the rights of the petitioner.
His team is convinced that Chief Justice Koome was not in the country to provide necessary guidance on the judiciary’s actions, claiming Gachagua has faced an unfair trial process from the National Assembly to the Senate and now the judiciary.
In his first public remarks since being hospitalized with chest pains amid cross-examination by National Assembly counsel, Gachagua reiterated his commitment to fighting the impeachment legally, urging Chief Justice Koome to uphold constitutional integrity.
He emphasized the need for a fair opportunity to defend himself before the Senate.
Kithure Kindiki, appointed by President William Ruto to replace Gachagua, was set to be sworn in on October 19, 2024.
However, petitioners David Munyi Mathenge and Peter Gichobi Kamotho quickly sought a court injunction to halt the swearing-in, targeting both the Senate and its Speaker.
As it stands, Gachagua faces significant challenges, with the three-judge panel scheduled to conduct a hearing on the impeachment suit on Tuesday.
