NAIROBI, Kenya – On Friday, Justice Lawrence Mugambi ruled that the petition challenging the impeachment must be forwarded to Chief Justice Martha Koome, who will empanel a three-judge bench to preside over the case, citing its considerable public interest and constitutional implications.
Justice Mugambi, in his decree, stressed the need for the judiciary to address cases of such magnitude with the utmost seriousness.
“Courts exist to serve the public in matters of great concern to them, and this is one of those rare instances where the court must rise to the occasion and deploy all its available resources,” he stated.
The ruling follows arguments made by Gachagua’s lead counsel, Senior Counsel Paul Muite, who had urged the court to refer the matter for a thorough constitutional review.
Muite contended that the impeachment process raised critical questions regarding public participation and adherence to constitutional procedures, particularly under Article 163.
“It’s not just about numbers in Parliament,” Muite remarked during a previous hearing. “There must be evidence of gross constitutional violations. This is crucial for the integrity of the process.”
The lead petition, numbered E522 of 2024, will be accompanied by several related petitions, including E509, E537, E528, E525, and E506 of 2024.
The petitions collectively challenge the impeachment process, which saw Gachagua removed from office by the National Assembly.
Mugambi noted the stiff opposition presented by the respondents but maintained that the constitutional questions at hand warranted further scrutiny by a special bench.
“In my view, despite the opposition, this petition raises weighty issues under Article 163 B and D (2). Therefore, I am compelled to refer it to the Chief Justice for appropriate action,” he added.
The case now awaits Chief Justice Koome’s decision to form the bench, a move that will set the stage for a detailed examination of the legality of the impeachment process.
Muite emphasized the broader implications of the case, noting that the court’s decision will ultimately reflect the sovereignty of the people who elected both the president and the deputy president.
Justice Mugambi, in his decree, stressed the need for the judiciary to address cases of such magnitude with the utmost seriousness.
“Courts exist to serve the public in matters of great concern to them, and this is one of those rare instances where the court must rise to the occasion and deploy all its available resources,” he stated.
The ruling follows arguments made by Gachagua’s lead counsel, Senior Counsel Paul Muite, who had urged the court to refer the matter for a thorough constitutional review.
Muite contended that the impeachment process raised critical questions regarding public participation and adherence to constitutional procedures, particularly under Article 163.
“It’s not just about numbers in Parliament,” Muite remarked during a previous hearing. “There must be evidence of gross constitutional violations. This is crucial for the integrity of the process.”
The lead petition, numbered E522 of 2024, will be accompanied by several related petitions, including E509, E537, E528, E525, and E506 of 2024.
The petitions collectively challenge the impeachment process, which saw Gachagua removed from office by the National Assembly.
Mugambi noted the stiff opposition presented by the respondents but maintained that the constitutional questions at hand warranted further scrutiny by a special bench.
“In my view, despite the opposition, this petition raises weighty issues under Article 163 B and D (2). Therefore, I am compelled to refer it to the Chief Justice for appropriate action,” he added.
The case now awaits Chief Justice Koome’s decision to form the bench, a move that will set the stage for a detailed examination of the legality of the impeachment process.
Muite emphasized the broader implications of the case, noting that the court’s decision will ultimately reflect the sovereignty of the people who elected both the president and the deputy president.
