The High Court has referred a petition challenging the impeachment of Deputy President Rigathi Gachagua to Chief Justice Martha Koome.
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.
According to Justice Mugambi, the case challenging Gachagua’s impeachment raised weighty constitutional questions.
“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.
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"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.
On Wednesday, Deputy President Gachagua’s defense team, led by Senior Counsel Paul Mwite, argued in court that the case raised significant constitutional concerns, as it marks the first time an impeachment process involves a deputy president.
"How do you conduct public participation and take to the voters only one side of the matter, the allegations, before you give the subject of the matter the opportunity to state?" Mwite posed.
Gachagua was impeached on Tuesday by the National Assembly after 281 MPs voted in favour of the impeachment motion, 44 against and one abstained.
The deputy president now awaits his fate in the Senate after Speaker Amason Kingi directed him to appear before the plenary on Wednesday, October 16, and Thursday, October 17.
