Citizen opposes Gachagua's bid to withdraw ouster case

A petitioner has moved to the High Court seeking leave to take over the case challenging the impeachment of Rigathi Gachagua as Deputy President, citing public interest in the matter.

Gachagua last week filed an application seeking to withdraw one of his petitions, arguing it is similar to another that he filed after his impeachment was affirmed by the Senate.

At least 12 petitions were filed to challenge Gachagua’s impeachment either before and during the process or after it was concluded.

The High Court bench comprising judges Eric Ogola, Antony Mrima and Freda Mugambi then consolidated the petitions into two cohorts according to the time they were filed.

Gachagua and four other petitioners; Kennedy Kariithi, Dennis Okumu, John Mugo and a lawyers lobby –Gema Wadho Association - have since sought to withdraw their earlier petitions.

“The withdrawal is based on grounds that the constitutional and legal issues raised in the pre-impeachment petitions are replicated in the post-impeachment petitions,” they said.

However, one Fredrick Mula, through lawyer Kelly Malenya, has asked the court to allow him to take over the prosecution of the petitions.

Mula says all the petitions filed to challenge Gachagua’s impeachment were filed in the public interest and cannot be withdrawn.

“The intended petitioner (Mula) seeks to take over the said petitions and prosecute them to conclusion, noting that they raise public interest issues, particularly on the impeachment process of a Deputy President,” Malenya says in their petition.

He wants the court to substitute Gachagua and the other petitioners seeking to withdraw their cases with Mula.

If the cases are withdrawn as sought, Gachagua will still be a petitioner in his other remaining case filed after his impeachment, which awaits determination before the court.

The petitions are centered on key questions, including whether due process was followed by both the National Assembly and the Senate in impeaching Gachagua.

Gachagua and the other 40 petitioners want to know on what basis the Senate substantiated the charges for the removal of the former DP.

They also want the court to ascertain whether adequate public participation was conducted and if the process infringed on Gachagua’s constitutional rights.

Gachagua has claimed that he was denied a fair trial, citing the unprecedented speed with which the process was conducted.

Gachagua fell ill and was rushed to hospital shortly before he could give his testimony before the Senate, but the House went ahead and affirmed his impeachment, despite pleas from his lawyers to adjourn the session.

In his petition, Gachagua wants the court to determine whether he was given sufficient time to prepare his defence against the impeachment charges.

He has raised concerns on constitutional and procedural fairness, questioning the extent to which lawmakers adhered to the standards of due process as outlined in the constitution.

He wants the High Court judges to examine whether the procedural safeguards were observed as required by the law and find out whether any potential lapses could render the impeachment process unconstitutional.

The matter remains pending before the High Court as it awaits directions from Chief Justice Martha Koome.