Efforts to halt the impeachment process against Kenya’s Deputy President Rigathi Gachagua have faced multiple setbacks, with four separate attempts failing in court.
Judges have now directed that all petitions regarding the case be heard next week.
In the latest development, five individuals led by Obuli Namenya approached the court, arguing that the impeachment process violates the Constitution.
They claimed that the required public participation under the National Assembly’s Standing Orders 64 and 65 and the Senate’s Standing Order No. 74 had not been followed.
The court has certified this petition as urgent and scheduled it for a hearing on October 9, 2024.
Another attempt to stop the impeachment process came from Ms Caroline Wambui Mwangi, who sought temporary orders to block the proceedings.
However, High Court Judge Lawrence Mugambi directed her to serve the petition to Parliament by the end of the day and set October 9, 2024 for further directions.
Allegations of Bias
A second petition, filed by lobby group Sheria Mtaani and Shadrack Wambui, also sought to block the impeachment. They argued that National Assembly Speaker Moses Wetang’ula, who is supposed to act as a neutral party in the process, had endorsed the impeachment bid.
Represented by lawyer Danstan Omari, the lobby group questioned the constitutionality of the process, citing bias. Justice Chacha Mwita directed the petitioners to serve their documents to the respondents, including the Speaker, and scheduled the case to be heard on 9 October.
Earlier, Justice Bahati Mwamuye declined to stop the process as requested by former United Democratic Alliance (UDA) Secretary-General Cleophas Malala.
Malala argued that proceeding with the impeachment in its current form could cause irreparable harm to Mr Gachagua, including disqualification from public office.
The judge, however, certified the case as urgent and set 10 October 2024 for further deliberations.
Parliament’s Composition Challenged
Malala also contended that the current composition of Parliament, which fails to meet the two-thirds gender rule, disqualifies it from handling the impeachment process. He argued that any proceedings conducted by such a Parliament would be null and void, making it impossible for the required two-thirds majority in both houses to validly vote on the impeachment motion.
In another attempt, five individuals led by Obuli Namenya filed a petition arguing that the impeachment process violates the Constitution due to the lack of public participation.
Impeachment Against Gachagua Motion Imminent
Despite these efforts, a motion to impeach the Deputy President is expected to be introduced in Parliament this week. MPs backing the motion claim to have gathered enough signatures to support Mr Gachagua’s removal.
The Deputy President has been accused of promoting ethnic divisions, undermining the President, and playing a role in the anti-government protests that occurred between June and July, during which Parliament was disrupted.
Kibwezi West MP to Table Motion
Kibwezi West MP Mwengi Mutuse confirmed his intention to table the impeachment motion.
Mutuse, a first-term MP elected under the Maendeleo Chap Chap party, announced that he would move the motion when the National Assembly reconvenes.
As vice chairperson of the Justice and Legal Affairs Committee (JLAC), Mr Mutuse’s motion lists several charges against Gachagua, including gross misconduct and violations of the Constitution, such as promoting ethnic bias and violating Articles 10 and 27.
The outcome of these legal challenges and parliamentary proceedings will determine the future of Gachaguga as the Deputy President of Kenya.
