Makueni Senator Dan Maanzo has raised concerns about the impeachment process of former Deputy President Rigathi Gachagua, calling it flawed and unjust.
Speaking on a local TV station on Monday, November 4, 2024, Senator Maanzo highlighted what he described as a lack of due process and fairness in Gachagua’s removal from office.
Maanzo argued that Gachagua was not afforded a fair opportunity to challenge the process. Despite a court order clearing the way for the swearing-in of Kithure Kindiki as the new Deputy President, Maanzo pointed out that Gachagua’s attempts to seek a stay of the order were denied.
He emphasized that stays are typically granted to allow litigants time to appeal to higher courts, suggesting that in this instance, the judicial process had been compromised.
“If the matter is being contested, then that opportunity should be given. Unfortunately, it was not given. Even if the court order clearing the path for Kindiki was issued, if it was challenged and seven days were sought and for a stay and it was not given, the reason why a stay is given, is to allow you to go to the next court because one court can be wrong and it was not given,” Maanzo noted.
Maanzo expressed his disappointment, suggesting that the outcome of the case undermined the principles of justice.
He called on Kenyans to remember the perceived shortcomings of the process when they go to the polls in 2027, emphasizing the importance of upholding constitutional values and fairness in governance.
“The whole case of the impeached DP was full of injustice and Kenyans must be the judges come 2027 and bring in a government where the Constitution and the law can be followed,” Maanzo stated.
When asked why he continued his role in government despite his criticism, Maanzo noted that the current political landscape does not have an active opposition.
He affirmed that his presence in government was necessary to maintain oversight and hold leaders accountable, especially in instances where he believed legal and constitutional principles had been compromised.
“I have a reason why I cannot resign, there is no opposition in the government. So we must be there to keep the government in check.”
Gachagua’s impeachment
The impeachment process began in the National Assembly and was followed by deliberation in the Senate, where Gachagua ultimately did not appear for cross-examination. Following the decision by both legislative bodies, Gachagua took the matter to court, seeking to prevent Kindiki from assuming office.
However, the High Court, consisting of a three-judge bench of Justices Eric Ogola, Anthony Mrima, and Fredah Mugambi, denied the conservatory orders that would have delayed the swearing-in ceremony. In their ruling, the judges noted that extending the orders would leave the office of the Deputy President vacant, stating that the orders initially issued by the Kerugoya High Court were discharged and would not be reinstated.
Kindiki, now officially Kenya’s third Deputy President under the 2010 constitution, took office following the court’s decision.
