11/10/2024
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NAIROBI, Kenya, Oct 11 β The High Court has taken significant steps regarding the impeachment of Deputy President Rigathi Gachagua. Justice Lawrence Mugambi has referred the case challenging the Deputy Presidentβs impeachment to Chief Justice Martha Koome, calling for the formation of a three-judge bench to address the matter.
During the proceedings, Justice Mugambi concurred with the petitioners' legal team, which comprised senior counsel Paul Muite, Elius Mutuma, and Ndegwa Njiru. They argued that the case involves substantial public interest issues that warrant a collective judgment from multiple judges.
The court highlighted critical points raised by the petitioners, including concerns over public participation as outlined in Article 165, subsection (5) of the Constitution, and the legitimacy of Parliament's composition during the impeachment process. The petitioners criticized Parliament's seven-day notice for the impeachment proceedings as being insufficient.
In light of these considerations, Justice Mugambi stressed the importance of ensuring public interest is adequately represented in the judicial review of the impeachment. Hence, by referring the matter to the Chief Justice, the court aims to facilitate a thorough examination of the various concerns surrounding Gachagua's impeachment.
As it stands, Parliament has already passed a resolution to impeach Deputy President Gachagua, and the next step involves a debate in the Senate, scheduled to commence on October 14, 2024. The outcomes of this case will be pivotal as it unfolds in the coming days.