Chief Justice Martha Koome has appointed a three-judge bench to hear the petitions filed by Deputy President Rigathi Gachagua. The bench, comprising Justices Eric Ogola, Anthony Mrima, and Frida Mugambi, will preside over the legal challenges aimed at stopping Gachagua’s impeachment. These petitions were filed as a last resort by the embattled Deputy President to prevent his removal from office.
The move follows a ruling by High Court Judge Lawrence Mugambi, who referred the case to the Chief Justice, stating that it raised “weighty constitutional issues.” The High Court’s decision, made on Friday, October 11, underscored the significance of the case, which involves the second-highest office in the land.
.The task of the bench is to determine whether the impeachment process, initiated by Members of the National Assembly, holds legal merit. Gachagua’s legal team argues that the impeachment process is flawed and politically motivated.
The six petitions filed by the Deputy President are focused on halting the impeachment ahead of Senate discussions. Justice Mugambi’s earlier ruling emphasized the need for a specialized bench due to the constitutional implications of Gachagua’s case. According to Article 163 of the Constitution, such matters of public interest are best handled by a multi-judge bench.
High Court’s Involvement
The case reached the High Court after Gachagua’s legal team expressed concerns over the speed and intensity of the impeachment process. They argue that the grounds for the Deputy President’s removal lack sufficient legal backing and are driven by political agendas. On the other hand, those in support of the impeachment believe it is a necessary step to ensure accountability within the government.
Justice Mugambi, in his ruling, noted the petitions raised constitutional questions regarding the separation of powers and the authority of Parliament to impeach a Deputy President. His referral to Chief Justice Koome marked a crucial step in escalating the case to the Supreme Court.
The three-judge bench will now review the arguments presented by both Gachagua’s legal team and the respondents.
While the legal proceedings unfold, the Senate remains poised to discuss and vote on Gachagua’s impeachment this week. The plenary sessions will take place on Wednesday, October 16, and Thursday, October 17. Senators will debate the Deputy President’s alleged misconduct and decide whether to remove him from office.
The Senate’s decision could mark a historic moment in Kenyan politics. If they vote to impeach Gachagua, it would be the first time in Kenya’s history that a sitting Deputy President has been removed from office.
