Four attempts to stop DP Gachagua ouster fail, more loading?
Deputy President Rigathi Gachagua.
What you need to know:
- A second petition was filed by lobby group Sheria Mtaani and Shadrack Wambui, who also sought interim orders to blocking the impeachment, arguing that Speaker of National Assembly Moses Wetang’ula who is supposed to be the ‘referee’ had endorsed the ouster bid.
- Through lawyer Danstan Omari, the lobby said the preconceived and predetermined decision puts to doubt the constitutionality of the process.
Four attempts at stopping the impeachment process of Deputy President Rigathi Gachagua have failed with judges directing that the petitions filed by different parties be heard next week.
In the latest attempt, five people led by Obuli Namenya rushed to court arguing that the process will grievously contravene the Constitution as neither the National Assembly’s Standing Order 64 and 65 nor the Senate Standing Order No. 74, which provide for the procedure of impeachment of the Deputy President, were ever been subjected to the mandatory public participation. The petition has been certified as urgent to be heard on October 9, 2024.
In the latest attempt, Ms Caroline Wambui Mwangi sought temporary orders blocking the looming impeachment process, pending the determination of her petition.
However, High Court judge Lawrence Mugambi directed her to serve the petition to Parliament by close of business Monday. He further directed that the case be mentioned on October 9, 2024, for further directions.
'Partial' referee
A second petition was filed by lobby group Sheria Mtaani and Shadrack Wambui, who also sought interim orders to blocking the impeachment, arguing that Speaker of National Assembly Moses Wetang’ula who is supposed to be the ‘referee’ had endorsed the ouster bid.
Through lawyer Danstan Omari, the lobby said the preconceived and predetermined decision puts to doubt the constitutionality of the process.
Justice Chacha Mwita directed the lobby to serve the respondents, who include Parliament and the Speaker of National Assembly, with the court documents and scheduled the case to be mentioned on October 9.
Earlier, Justice Bahati Mwamuye declined to stop another process as pleaded for by former United Democratic Alliance (UDA) Secretary-General Cleophas Malala.
The former Kakamega senator said if the impeachment is allowed to proceed in the current circumstances, Mr Gachagua would suffer irreparable harm, including the permanent disqualification from running for public office.
“It is therefore imperative that the impeachment process is conducted with utmost legality and fairness, including being heard by a properly constituted Parliament,” Mr Malala submitted.
Justice Mwamuye certified the case as urgent and directed parties to appear before him on October 10 for further directions.
Gender rule
Mr Malala argued that the current composition of Parliament, being unlawful and unconstitutional, disqualifies it from entertaining any motion seeking to impeach the Deputy President and that any proceedings conducted by such a body would be null and void.
“The failure to comply with the two-thirds gender rule means that Parliament lacks the requisite quorum to lawfully hear the impeachment proceedings,” he said.
To remove the DP from office, at least two-thirds of members in each of the two houses of Parliament -- National Assembly and Senate – will be required to vote for the impeachment motion.
In yet another attempt, five people led by Obuli Namenya also rushed to court arguing that the process will grievously contravene the Constitution, as neither the National Assembly’s Standing Order 64 and 65 nor the Senate Standing Order No. 74 which provide for the procedure of impeachment of the Deputy President, were ever been subjected to the mandatory public participation.
An impeachment motion against Mr Gachagua is likely be introduced in Parliament this week after MPs pushing for his ouster indicated that they had secured enough signatures endorsing the DP’s removal.
The MPs pushing for Mr Gachagua’s impeachment accuse him of, among others, promoting ethnically divisive politics, undermining the president and having had a role in the anti-government uprising between June and July that saw Parliament overrun.
Four politicians and an aide rushed to court last week and obtained orders blocking their arrest and arraignment after the Director of Public Prosecutions Renson Ingonga approved charges of conspiracy to commit a felony against them.
