Embattled Deputy President Rigathi Gachagua has raised concerns about how his impeachment cases were allocated to a three-judge bench. He has written to the judiciary, questioning the fairness of the process. This move comes after his legal team noticed several irregularities that could have influenced the outcome of his case.
In a letter dated October 20, 2024, Gachagua, through his lawyer John Njomo, asked the judiciary to clarify the involvement of Chief Justice Martha Koome in selecting the three-judge panel. He is concerned about whether the Chief Justice was personally involved in assigning the judges to his case. Gachagua believes the uneven number of judges, and their prior rulings, have affected the impartiality of the proceedings.
Controversy Over Earlier Rulings
Gachagua’s legal team expressed frustration with the judges who recently dismissed his application for conservatory orders. The same three-judge panel also refused to lift an order preventing Deputy President nominee Kithure Kindiki from assuming office. This series of decisions has led Gachagua’s team to question the judges’ neutrality.
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According to the letter, these judges, identified as Eric Ogola, Antony Mrima, and Freda Mugambi, issued additional directions at the Kerugoya High Court, scheduling hearings for October 22. Gachagua’s team claims these judges were not properly constituted to handle these cases. They further accuse the panel of deliberately delaying the hearing of other petitioners’ cases until October 29, which they say is a violation of due process.
Accusations of Denied Fair Trial
Gachagua’s lawyers also argue that the ousted Deputy President was denied his right to a fair trial. They suggest that the process from the National Assembly to the Senate and now the Judiciary has been flawed. Additionally, Gachagua’s team claims that CJ Koome was not even in the country when these decisions were made, fueling further suspicion that the impeachment process has not followed the law.
The impeached Deputy President believes his rights were violated. He insists that natural justice was not served, as he was not given the chance to defend himself adequately during his impeachment trial. In his view, this calls into question the entire process, from the hearings in the National Assembly to the final verdict by the Senate.
Gachagua Fights Back Despite Health Setbacks
Despite facing health challenges including a hospital admission for chest pains, Gachagua remains determined to challenge his impeachment. On Sunday, October 20, he addressed the media, expressing his dissatisfaction with how the process was handled. He emphasized that his constitutional rights were trampled, and he vowed to continue fighting for justice.
During the press briefing, Gachagua also called on Chief Justice Koome to ensure that justice is delivered fairly. He insisted that he had always been ready to face cross-examination and defend himself, both in the National Assembly and the Senate.
“I ask Chief Justice Martha Koome to uphold the Constitution. I was there in the National Assembly to defend myself, and was present in the Senate on the first day and ready for cross-examination,” Gachagua said. He criticized the Senate for not allowing him to present his defense fully before his impeachment was confirmed.
