Chief Justice Martha Koome has been given a go ahead by the High Court on the cases filed concerning Gachagua’s impeachment.
She is expected to appoint three judges who will hear and determine matter..
The High Court has referred the cases challenging the impeachment of Deputy President Rigathi Gachagua to Chief Justice Martha Koome to appoint three judges to hear and determine the matter.
According to Justice Lawrence Mugambi’s ruling, the cases raised serious constitutional questions that required the intervention of the Chief Justice.
“In my view, despite stiff opposition by the respondents, it is my opinion that these cases raised weighty constitutional questions that fall under Article 163 hence I am persuaded to refer them to the Chief Justice. The courts do not exist to serve the intellectual stimulation of the elites but to serve the public in matters of great concern and this one is one of those rare occasions that the court should arise to the occasion to serve the public with all the resources that it can summon.”
This ruling comes a day after the Deputy President’s legal team claimed that the impeachment of the DP raised several constitutional issues since it was the first time that the country was facing an impeachment of the deputy president since the introduction of the 2010 constitution.
In the petition that Muite filed, the impeachment of a deputy president differed from that of the president and even the governor, further stating that the motion to impeach Gachagua did not undergo adequate public participation.
He further argued that Gachagua should have first been allowed to respond to the eleven charges levelled against him before undertaking public participation to allow Kenyans to make informed decisions.
“It is not about the number in the National Assembly. There has to be proof of gross violation of the Constitution. The right to a fair trial cannot be limited. There are weighty issues in a presidential system.’’
Gachagua was impeached by Members of Parliament with 281 voting in favour of his removal in the office.
He became the first deputy president in the history of Kenya to ever be impeached by Members of Parliament.
The same matter is also currently at the senate.
