The High Court has declined to grant Deputy President Rigathi Gachagua conservatory orders against his impeachment hearings at the Senate.
In a ruling on Tuesday, October 15, Justice Chacha Mwita ruled that the prayers by Gachagua’s legal team would not be granted, but added that some of the issues raised were of considerable concern.
“In considering the application and the argument by parties, the prayer for grant of conservatory order is declined,” Justice Mwita ruled.
Gachagua had filed 26 court cases challenging the legality and process of his ouster from office by impeachment.
Public participation
Top of the issues presented in the petitions against the impeachment proceedings is the alleged lack of meaningful public participation.
“The public was denied their democratic rights, with participation purportedly conducted only at county headquarters for a single day, while the impeachment vote proceeded simultaneously at the National Assembly on October 8, 2024,” Paul Muite- the lead counsel for Gachagua submitted.
The petition also noted that some of the figures from the public participation exercise were erroneous, pointing to their claim that the laid down procedures for the impeachment were violated.
Fair hearing
Gachagua also petitioned the courts that his inalienable right to a fair hearing was violated and that the Senate’s plenary hearings slated for Wednesday, October 16-17, should be stopped.
Another issue submitted by Gachagua’s battery of lawyers is that the impeachment at the National Assembly was hurried in the evening and submitted irregularly to the Senate for consideration.
On Monday, October 14, 2024, Senate Speaker Amason Jeffah Kingi ruled that a court of law cannot stop the hearing and subsequent determination of an impeachment case which has been submitted to any house of Parliament.
Gachagua was impeached by 282 members of the National Assembly before his case was referred to the Senate.
The MPs, who originated the impeachment motion, levelled 11 charges against Gachagua including gross misconduct, gross violation of the constitution and any other law and suspicious accumulation of wealth.
The deputy president, has, however, maintained his innocence against all the charges against him, stating that the impeachment was politically driven.
