The CJ on Monday appointed Justices Eric Ogola (presiding), Anthony Mrima and Dr Freda Mugambi to hear the six petitions, which include one filed by Mr Gachagua himself.
In a ruling last Friday, the High Court agreed with Mr Gachagua’s lawyers, led by Paul Muite, that the issues raised in the six petitions were weighty constitutional matters.
“Considering the immense public interest this matter has generated and being the first of its kind in Kenya where the Deputy President of the Republic is being removed by process of impeachment, it is my considered opinion that this matter deserves the input of the Bench so as to pronounce itself on a process that is constitutionally compliant to serve as benchmarks for future undertakings of this nature,” Justice Mugambi ruled.
These issues include the constitutional validity of the standing orders that the National Assembly used to process the impeachment, particularly Standing order 64 (2) and (6), which he faulted for providing a short duration of 12 days to complete the entire impeachment process, whose impact was to impede adequate and meaningful public participation, a critical constitutional requirement.
The National Assembly had opposed the application on grounds that Mr Gachagua was given more than two hours to give his side of the story.
The judge said it was necessary for the citizens know whether the current law allows them adequate opportunity to participate meaningfully in the process of the removal of their Deputy President.
Meanwhile, Justice Chacha Mwita will rule on Tuesday morning on whether the court will block Senate from acting on the resolution of the National Assembly, that is, the impeachment Mr Gachugua.
