Gachagua lawyer stirs laughter with ‘trial of Jesus’ remark in court

Lawyer Elisha Ongoya briefly lightened the mood at the Milimani High Court on Monday after making a historical comparison between former Deputy President Rigathi Gachagua’s impeachment proceedings and history’s 'trial of Jesus Christ.'

Ongoya, who is part of Gachagua’s legal team, made the remarks while addressing the three-judge bench hearing petitions challenging the former Deputy President’s impeachment process.

“Thank you, my Lords and My Lady. My name is Elisha Ongoya. I have reflected on a number of unjust trials in human history, the trial of St Thomas More, the trial of Socrates and even the trial of Jesus Christ,” Ongoya told the court.

His reference to the trial of Jesus Christ triggered laughter from those present in the courtroom, briefly easing the tense atmosphere surrounding the high-profile constitutional case.

Ongoya, however, quickly returned to his submission, saying such trials shared one common feature: predetermined outcomes.

“One element characterises these trials. When you read history, there are trials that are carried out with predetermined outcomes. Those who are taken through the trials are taken through the motions, for the sake of it,” he said.

He argued that Gachagua’s impeachment process followed a similar pattern, where constitutional procedures were observed in form but not in substance.

The lawyer said the issue before the court was not just legal compliance, but whether there had been genuine adherence to the spirit of the Constitution.

“My learned friend reminds me all the time that behind every constitution lies a moral idea and a moral expectation that there will be good faith compliance with the commands of that constitution,” he said.

Ongoya further introduced the concept of malicious compliance, saying institutions can appear to follow the law while deliberately frustrating justice.

“In management theory, there is a concept described as malicious compliance,” he said.

He added that there can be a legitimacy gap wider than the Pacific Ocean between good faith compliance and malicious compliance.”

His remarks came as Gachagua is challenging the legality of his impeachment, arguing it was unconstitutional, in a case that may determine his post-office entitlements

The former Deputy President argues that the process was unconstitutional, politically motivated and denied him a fair hearing.

The case, being heard before Justices Erick Ogolla, Anthony Mrima and Freda Mugambi, is expected to determine major constitutional questions around the removal of a Deputy President, parliamentary powers and judicial oversight.

While the proceedings remain serious, Ongoya’s unexpected courtroom comparison provided one of the day’s lighter moments and one that quickly caught the attention of Kenyans online.