The High Court, led by Justice Bahati Mwamuye, ruled on Thursday, October 3, 2024, that the National Assembly can proceed with the planned public consultation as part of the impeachment process. The Deputy President had sought a court order to stop the proceedings, but the judge refused to grant such an order.
Gachagua, who has been at the center of political turbulence, moved to the High Court in an effort to block the impeachment motion. His legal team had filed an application requesting the court to halt the public participation scheduled for October 4, 2024. They argued that the process would violate his constitutional rights and could prejudice his chances for a fair hearing.
Additionally, the Deputy President’s lawyers sought a stay order against any further proceedings related to the impeachment until the case could be fully heard and determined. They requested conservatory orders to stop the National Assembly from taking any further steps in the impeachment process, which was initiated following allegations of misconduct and abuse of office.
In his ruling, Justice Mwamuye acknowledged the urgency of the matter but declined to issue the sought-after orders. The judge directed that the case be heard as a priority, scheduling a mention for October 9, 2024, to confirm compliance and give directions on the expeditious hearing of the petition. The court’s decision means that the public participation exercise, an essential component of the impeachment process, will continue as planned.
The motion to impeach Gachagua has sparked intense debate and political drama across the country. Public participation is a legal requirement before the National Assembly can proceed with the impeachment motion. This exercise allows citizens to provide their views on the matter, ensuring that the impeachment process is not only a political affair but also a democratic one that involves the people’s voice.
Despite the setback in court, the public participation exercise is still set to begin as scheduled. The exercise will give Kenyans a platform to express their views on the Deputy President’s conduct and whether he should remain in office. The decision by the court to allow this phase to proceed underscores the importance of public involvement in such significant political processes.
The legal setback comes at a time of heightened political tension within the Kenyan government. Gachagua’s role in the administration of President William Ruto has been controversial, with critics accusing him of failing to fulfill his duties and being involved in divisive political rhetoric. Allegations against Gachagua include claims of mismanagement and abuse of power, which have fueled the push for his impeachment.
While Gachagua’s legal team continues to contest the impeachment process, political observers are closely watching how this case will unfold. Should the impeachment motion pass, it would represent a major political loss for the Deputy President and could have far-reaching consequences on the dynamics within the ruling coalition. If the motion is blocked, it could embolden Gachagua’s supporters, reinforcing his position in the government and silencing critics for the time being.
The impeachment motion is also a reflection of deeper divisions within the political landscape. Some lawmakers believe that Gachagua has become a liability to the government, while others view the motion as politically motivated and driven by personal rivalries. Gachagua’s supporters argue that the motion is a partisan attempt to undermine his political career and his ability to serve as Deputy President.
The National Assembly has thus far been divided on the issue, with some MPs expressing support for the motion, while others are firmly backing Gachagua. In the coming days, as public participation takes place, more opinions will emerge, adding further complexity to the situation.
The legal and political battle surrounding Deputy President Rigathi Gachagua is far from over. As the case heads back to court for further proceedings on October 9, 2024, the Deputy President’s legal team will continue to challenge the impeachment motion. Meanwhile, the public participation exercise will provide a critical platform for Kenyans to have their say on the matter.
The outcome of this case could reshape the political landscape in Kenya, particularly in relation to Gachagua’s future in the administration. If the impeachment motion proceeds, it could signal a shift in the balance of power within the government, while a court victory for Gachagua could strengthen his position, at least for now.
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