The High Court will decide today whether the Senate can proceed with impeachment hearings against Deputy President Rigathi Gachagua.
Gachagua plans to defend himself before the Senate on Wednesday, responding to 11 charges approved by 282 MPs during a National Assembly vote.
Justice Chacha Mwita reserved his decision after Senior Counsel Paul Muite and lawyer Tom Macharia, representing Gachagua, argued that the National Assembly’s impeachment process violated constitutional standards due to insufficient public participation.
The legal team claimed that the public was denied their democratic rights, asserting that participation occurred only at county headquarters for a single day, while the impeachment vote took place simultaneously in the National Assembly on October 8, 2024. They further contended that the impeachment motion passed late in the evening and was quickly transmitted to the Senate, thus breaching constitutional provisions.
Chief Justice Martha Koome has appointed a three-judge bench to hear Gachagua’s petition challenging the impeachment process. Justice Eric Ogola will preside over the case, joined by Justices Antony Mrima and Dr. Freda Mugambi. This consolidated petition, along with five others, will scrutinize the legality of the impeachment and raise concerns about the procedures followed during the process.
The Senate’s trial is expected to last two days, with a possible extension if additional time is needed to review evidence and cross-examine witnesses. For the impeachment to proceed, the Senate requires a two-thirds majority vote. If successful, this would mark the first time a sitting Deputy President in Kenya is removed through impeachment.
However, petitioners are urging the court to suspend the Senate proceedings scheduled for October 16-18, 2024, until the legality of the impeachment is fully determined. They argue that halting the proceedings is crucial for the judiciary to address the 20 petitions currently challenging the impeachment.
In contrast, lawyers representing National Assembly Speaker Benson Mukumu and Senate Speaker Paul Nyanodi contend that the current petition is similar to others pending in court and assert that no new grounds exist to justify suspending the Senate trial.
