NAIROBI, Kenya – The High Court has declined to issue orders halting Friday’s public participation exercise on the impeachment of Deputy President Rigathi Gachagua.
Justice Bahati Mwamuye directed that the case be mentioned next Wednesday, giving applicants time to serve the respondents, including National Assembly Speaker Moses Wetang’ula.
The urgent application, filed by Gachagua on October 3, sought to block the public engagement on grounds of inadequate legislative procedures.
The Deputy President argues that the respondents, led by Speaker Wetang’ula, have violated the Constitution by failing to ensure fair administrative measures for the process.
The court, however, deferred its decision, stating that interim orders may be issued during the mention of the case on October 9, depending on the progress made by the parties involved.
“The court may issue interim conservatory orders or other directions as deemed just, fit, and proper,” the court papers read.
Despite Gachagua’s legal challenge, the National Assembly is moving forward with the public participation process on Friday, allowing Kenyans from all 290 constituencies to submit their views on the impeachment motion spearheaded by Kibwezi West MP Mwengi Mutuse.
The special motion, presented to Parliament on Tuesday, accuses Gachagua of over ten violations, including breaches of the Constitution, corruption, and incitement.
Speaker Wetang’ula, after a Kamkunji meeting with lawmakers, instructed that public submissions be collected at constituency centers nationwide, with clerks overseeing the exercise.
“The public participation process contemplates collection of views from constituency centers,” Wetang’ula said, adding that the exercise aims to ensure transparency and inclusiveness.
To facilitate this process, the National Assembly suspended its Thursday afternoon session, allowing MPs to engage with their constituents.
Wetang’ula emphasized the importance of sealing procedural loopholes to avoid potential legal challenges that could derail the motion.
Gachagua faces serious charges, including undermining national unity through divisive rhetoric, contradicting government policies, and failing to uphold collective Cabinet responsibility.
His legal team is pushing for a halt to the proceedings, arguing that the process lacks constitutional safeguards.
Justice Bahati Mwamuye directed that the case be mentioned next Wednesday, giving applicants time to serve the respondents, including National Assembly Speaker Moses Wetang’ula.
The urgent application, filed by Gachagua on October 3, sought to block the public engagement on grounds of inadequate legislative procedures.
The Deputy President argues that the respondents, led by Speaker Wetang’ula, have violated the Constitution by failing to ensure fair administrative measures for the process.
The court, however, deferred its decision, stating that interim orders may be issued during the mention of the case on October 9, depending on the progress made by the parties involved.
“The court may issue interim conservatory orders or other directions as deemed just, fit, and proper,” the court papers read.
Despite Gachagua’s legal challenge, the National Assembly is moving forward with the public participation process on Friday, allowing Kenyans from all 290 constituencies to submit their views on the impeachment motion spearheaded by Kibwezi West MP Mwengi Mutuse.
The special motion, presented to Parliament on Tuesday, accuses Gachagua of over ten violations, including breaches of the Constitution, corruption, and incitement.
Speaker Wetang’ula, after a Kamkunji meeting with lawmakers, instructed that public submissions be collected at constituency centers nationwide, with clerks overseeing the exercise.
“The public participation process contemplates collection of views from constituency centers,” Wetang’ula said, adding that the exercise aims to ensure transparency and inclusiveness.
To facilitate this process, the National Assembly suspended its Thursday afternoon session, allowing MPs to engage with their constituents.
Wetang’ula emphasized the importance of sealing procedural loopholes to avoid potential legal challenges that could derail the motion.
Gachagua faces serious charges, including undermining national unity through divisive rhetoric, contradicting government policies, and failing to uphold collective Cabinet responsibility.
His legal team is pushing for a halt to the proceedings, arguing that the process lacks constitutional safeguards.
