CJ Koome to form bench to hear case challenging Gachagua impeachment
High Court refers case challenging Gachagua impeachment to CJ Martha Koome to form a three-judge bench
High Court refers case challenging Gachagua impeachment to CJ Martha Koome to form a three-judge bench
Justice Lawrence Mugambi has referred the case challenging the impeachment of Deputy President Rigathi Gachagua to Chief Justice Martha Koome to constitute a bench that will hear and determine the matter.
In a ruling on Friday, October 11, Justice Lawrence Mugambi stated that the Chief Justice should appoint a three-judge bench to hear and determine the matter.
Justice Mugambi said the petition raises weighty constitutional issues that require the empanelment of a bench to hear the matter.
“In my view, despite stiff opposition by the respondents, it is my considered opinion that these petitions raised weighty constitutional questions that fall under Article 163, hence I am persuaded to refer them to the Chief Justice for empanelment of a bench,” Justice Mugambi ruled.
He noted that courts exist to serve the public in matters of great concern, and the matter on the deputy president’s impeachment was one of the rare occasions where they should rise to serve the public with all resources available.
“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,” Justice Mugambi stated.
The ruling comes a day after the Deputy President’s legal team led by Senior Counsel Paul Muite claimed that the impeachment of Gachagua raised several constitutional issues since it was the first time that the country was facing an impeachment of the deputy president since the promulgation of the new constitution.
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In his argument, Muite called on the court to consider referring the case to the Supreme Court for the appointment of three judges to hear and determine the case.
According to Muite, 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.
The lawyers further argued that the deputy president 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,” Muite argued.
With the case currently in the Senate for consideration, the matter is set to be heard through plenary during which the lawmakers will interrogate all the 11 charges before the deputy president responds to the allegations.
Gachagua will be handed four hours to defend himself with the assistance of his legal team. During the trial, both the National Assembly and Gachagua’s team will present witnesses who will be allowed to testify before the Senators.
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