Editor's Review

The High Court has issued a fresh order regarding the impeachment of Deputy President Rigathi Gachagua.

The High Court in Kerugoya has directed the National Assembly to hold another public participation exercise regarding the impeachment motion against Deputy President Rigathi Gachagua.

In the ruling on Thursday, October 3, Justice Richard Mururu Mwongo ordered Parliament to facilitate public participation exercises at the constituency level.

The judge noted that the exercise on Friday, October 4, may proceed as the first stage of the process before the National Assembly organises another exercise closer to the public.

"The public hearings to be held on 4th October 2024 may proceed as a first stage of public participation, and the 1st to 5th respondents shall organise similar public hearings closer to the citizens at least at the constituency level in each constituency in Kenya to enable the constituents of Members of Parliament responsible for the impeachment process nationally to engage with and participate in hearings and/or any other suitable modes by which citizens at that level can participate and offer their representations," Justice Mwongo ruled.

The judge stated that public participation is not a mere formality undertaken to fulfill a constitutional requirement, and thus there was a need for both quantitative and qualitative components in the exercise.

Members of the public at a public participation exercise regarding Rigathi Gachagua's impeachment on Friday, October 4, at Uasin Gishu County Hall.

"Public participation is not an abstract notion, it must be purposeful and meaningful. It must be accompanied by reasonable notice and a reasonable opportunity," Justice Mwongo stated.

His order followed a petition filed by Kirinyaga Woman Representative Jane Njeri Maina.

Justice Mwongo ordered the parties in the case to appear before the court on Friday, October 11, 2024, for further directions.

The court directive comes as the public participation exercise in the impeachment motion against Gachagua continues across the country.

The exercise has been peaceful in several parts of the nation as Kenyans turned out in large numbers to participate. However, chaos were witnessed in some parts of Nyeri County.

On Tuesday, October 2, the National Assembly invited Kenyans to submit their views on the impeachment motion by sending their views via email to [email protected] before October 5.

Parliament disclosed that during the public hearings on the motion across all the counties in the country, the views will be collated.