The High Court has declined the recent attempt to halt the ongoing impeachment process against Deputy President Rigathi Gachagua.
Justice Bahati Mwamuye directs that the case filed by former United Democratic Alliance (UDA) Secretary-General, Cleophas Malala, be referred to Principal Judge Eric Ogola for consideration of consolidating all petitions related to the impending ouster. Malala’s lawyer Mwenda Njagi argues that the case would become moot if orders were not granted promptly as the National Assembly is scheduled to hear the motion imminently. Despite this urgency, Justice Mwamuye has declined to issue any conservatory orders, citing the merit in consolidating the numerous petitions surrounding the impeachment process.
Parliament’s representative Paul Nyamodi reveals that a total of 19 petitions challenging Gachagua’s impeachment have been filed. The consolidation of these matters, Nyamodi argues, would facilitate efficient and expeditious disposal of the petitions thus providing a framework for fair and impartial justice to all parties involved. Samuel Njoroge, the clerk of the National Assembly, adds that consolidation would save judicial time and resources by allowing for a single determination on all related matters. In his petition, Malala contends that Parliament, as currently constituted, is unconstitutional due to its failure to meet the one-third gender rule stipulated in the Constitution.
Gachagua himself has challenged his planned ouster, arguing that the impeachment motion is founded on deceit, misrepresentations, and suppression of material facts. The Deputy President further claims that the public participation initiated by Parliament was insufficient to overturn the sovereign will of the people who elected him and President William Ruto in the last general election. The impeachment motion against Gachagua has been a contentious issue with accusations of economic crimes and corruption at its core. The motion alleges that Gachagua has amassed a significant property portfolio estimated at Sh5.2 billion over the past two years through corruption and money laundering.
The Deputy President is accused of using proxies, including his spouse and sons, to launder money and conceal proceeds of crime. Public participation in the impeachment process has been marred by violence in various parts of the country, potentially raising questions about the legitimacy and fairness of the proceedings. Yesterday, Deputy President Rigathi Gachagua made an emotional plea for forgiveness during a church service in Karen, Nairobi. Speaking to President William Ruto and the Kenyan people, he expressed regret amid an impeachment crisis, emphasizing his commitment to public service.
While maintaining a conciliatory tone, Gachagua remains determined to defend against what he claims are false accusations aimed at damaging his reputation.
