NAIROBI, Kenya – Chief Justice Martha Koome has appointed a three-judge bench to preside over the cases challenging the impeachment process of Deputy President Rigathi Gachagua.
The bench, composed of Justices Eric Ogola, Anthony Mrima, and Freda Mugambi, will address six petitions, including one filed by Gachagua himself, which raise critical constitutional questions surrounding the impeachment.
The bench was constituted after High Court Judge Lawrence Mugambi ruled that the cases involved substantial constitutional matters that warranted a multi-judge panel.
Justice Mugambi emphasized that the unprecedented nature of the case, being the first involving a deputy president’s impeachment, called for thorough judicial scrutiny.
“These cases touch on significant constitutional issues that go beyond a single judge’s decision-making. The input of more than one judge is necessary for such a unique and impactful matter,” Justice Mugambi stated.
One of the key issues raised by Gachagua and other petitioners is the National Assembly’s reliance on standing orders that they argue limited public participation in the impeachment process.
They claim the seven-day timeframe for the proceedings undermined the public’s ability to engage meaningfully in the process.
Justice Mugambi highlighted the importance of addressing whether current laws sufficiently allow public participation in the removal of high-ranking officials, noting that the court’s decision would set a precedent for future impeachment proceedings.
“The lack of a framework for authenticating public participation and ensuring it is adequate is a critical issue. The outcome of this case will serve as a benchmark for similar future cases,” he said.
Given the intense public interest surrounding the case, Justice Mugambi affirmed the need for a thorough judicial review that would provide clarity on constitutional provisions governing the impeachment of a deputy president.
The three-judge bench is expected to delve into the constitutionality of the impeachment process, ensuring that future proceedings of this nature are transparent and uphold the principles of public participation enshrined in Kenyan law.
The bench, composed of Justices Eric Ogola, Anthony Mrima, and Freda Mugambi, will address six petitions, including one filed by Gachagua himself, which raise critical constitutional questions surrounding the impeachment.
The bench was constituted after High Court Judge Lawrence Mugambi ruled that the cases involved substantial constitutional matters that warranted a multi-judge panel.
Justice Mugambi emphasized that the unprecedented nature of the case, being the first involving a deputy president’s impeachment, called for thorough judicial scrutiny.
“These cases touch on significant constitutional issues that go beyond a single judge’s decision-making. The input of more than one judge is necessary for such a unique and impactful matter,” Justice Mugambi stated.
One of the key issues raised by Gachagua and other petitioners is the National Assembly’s reliance on standing orders that they argue limited public participation in the impeachment process.
They claim the seven-day timeframe for the proceedings undermined the public’s ability to engage meaningfully in the process.
Justice Mugambi highlighted the importance of addressing whether current laws sufficiently allow public participation in the removal of high-ranking officials, noting that the court’s decision would set a precedent for future impeachment proceedings.
“The lack of a framework for authenticating public participation and ensuring it is adequate is a critical issue. The outcome of this case will serve as a benchmark for similar future cases,” he said.
Given the intense public interest surrounding the case, Justice Mugambi affirmed the need for a thorough judicial review that would provide clarity on constitutional provisions governing the impeachment of a deputy president.
The three-judge bench is expected to delve into the constitutionality of the impeachment process, ensuring that future proceedings of this nature are transparent and uphold the principles of public participation enshrined in Kenyan law.
