A judge has referred five cases challenging the impeachment of Deputy President Rigathi Gachagua to Chief Justice Martha Koome, for the appointment of a bench to determine issues raised in the petitions.
High Court judge Lawrence Mugambi agreed with Mr Gachagua and other petitioners that the issues raised in the petitions were weighty and should be determined by a three-judge bench.
“It is my considered opinion that the issues raised are weighty constitutional questions , hence I am persuaded to refer them to the Chief Justice for empanelment of a bench,” the judge said.
According to the judge, the question of public participation, which Mr Gachagua has maintained was inadequate, is a weighty issue that should be canvassed before a bench of three judges.
Justice Mugambi said the impeachment of the Deputy President is a matter is of public interest adding that it raises unique challenges including the limited duration of the impeachment, adequate public participation and whether Parliament was properly constituted.
The DP, through Senior Counsel Paul Muite, had submitted that the court should rule on the issue of public participation conducted by Parliament before the vote to impeach Mr Gachagua, arguing that it met the required threshold.
Apart from the public participation, Mr Muite has challenged the National Assembly's standing orders, which allow only twelve days for the matter to be dealt with and referred to the Senate.
According to Mr Muite, the DP was not given sufficient time to respond to the issues, which were put to the public to form a basis for his ouster and in his view, he should have been given at least 12 days to prepare for his defence.
He said the question of public participation was a concluded matter and the court has no jurisdiction to determine the same at this stage.
