Deputy President Rigathi Gachagua chairs a Joint Cabinet Committee meeting in Karen on May 28, 2024. DPPS
The controversy surrounding the impeachment of Deputy President Rigathi Gachagua has deepened, as a second petition was lodged on Monday, October 21, 2024, challenging the legality of his removal from office.
The petition, addressed to Chief Justice Martha Koome, questions the procedural integrity of the impeachment process and the speed with which it was handled.
In the letter, the petitioner voiced concerns about the rapid manner in which a three-judge bench was convened to hear the case.
The panel, composed of Justice E. Ogolla, Justice A. C. Mrima, and Lady Justice Freda Mugambi, is set to begin hearings on Tuesday, October 22.
According to the petitioner, the timeline deviated from the norm, which typically provides for a more measured approach in appointing a bench and scheduling hearings.
“By established practice, parties expected a period of 3 to 7 days for the bench to be appointed and to then convene for directions. This procedure was not followed in the current case,” the letter asserts.
Martha K. Koome. Photo via Her FB Official Account
A significant point of contention raised in the petition revolves around the lack of opportunity for Gachagua to defend himself before the Senate, an omission that the lawyers argue renders the impeachment null and void.
They have cited Articles 19 to 25 of the Constitution, which enshrine the right to fair hearing and due process.
“The petitioners are raising issues of gross and systematic violations of procedural and substantive impeachment laws by the sponsors of the motion, namely the National Assembly and the Senate,” the letter continues, further intensifying the political and legal battle over Gachagua’s impeachment. READ MORE
