Former Deputy President Rigathi Gachagua has intensified his legal battle against his impeachment, with his lawyers presenting a series of prayers and reliefs before the court aimed at overturning the process undertaken by Parliament.
In the submissions, Gachagua’s legal team argues that the impeachment proceedings violated constitutional provisions and failed to meet the standards required under Kenyan law. The lawyers are seeking a declaration from the court that the impeachment process was unconstitutional from the outset.A major point raised by the defense concerns public participation.
The legal team contends that the methods used to involve members of the public did not meet the constitutional threshold required in such a significant national process.
They further argue that the Senate failed in its duty to ensure adequate and meaningful public participation before proceeding with the impeachment hearings.The lawyers also challenged the procedure used by the Senate during the hearings.
According to the submissions, the appointment of a select committee to handle the matter was mandatory under the law, and failure to constitute such a committee rendered the process flawed and unlawful.Another issue raised relates to the timelines followed during the impeachment proceedings.
Gachagua’s team argues that the timelines adopted by both the National Assembly and the Senate were unconstitutional and denied him sufficient opportunity to defend himself adequately.As part of the relief sought, the legal team wants the court to quash the National Assembly resolution passed on 8th October 2024 that approved the impeachment motion.
They are also seeking the nullification of the Senate resolution made on 17th October 2024, which upheld the impeachment and led to Gachagua’s removal from office.The case is expected to attract significant public and political attention as the court determines whether constitutional procedures were properly followed during one of Kenya’s most high-profile impeachment processes.
