Public participation in Gachagua impeachment was flawed, his lawyers say

Impeached Deputy President Rigathi Gachagua on Tuesday mounted a vigorous defense against his removal from office, challenging the public participation process.

His legal team argued that the process was flawed and lacked adequate public participation.

“In these proceedings, we are witnessing a scenario where an impeachment process, which should be legislative, has turned into a project involving all branches of government.

This impeachment of the Deputy President risks being seen as a government initiative, which goes against what our laws clearly outline. Consequently, the government, which should lead in upholding the law, may become its principal violator,” argued Lawyer Kibe Muingai.

"How would justice be served if a decision could be made at halftime, before the game is concluded?" he questioned, arguing that the lack of public involvement risked undermining the legitimacy of the decision.

Represented by a legal team led by Paul Muite, Gachagua argued before Justices Eric Ogola, Anthony Mrima, and Freda Mugambi that Kithure Kindiki, nominated by President William Ruto as the DP’s successor, was unfit for the role.

“The name submitted to Parliament is not capable of replacing the Deputy President of Kenya if this court dismisses our petition,” stated lawyer Ndegwa Njiru.

Gachagua’s legal team further sought conservatory orders to suspend the impeachment, contending these were essential to protect their client’s rights.

Lawyer Elisha Ongoya criticised Kindiki’s appointment as "unprecedented," raising concerns about how quickly President Ruto had obtained the necessary clearances. "Considering the unusual hurry to impeach Gachagua, I thought the country had become super-efficient," he remarked.

The court adjourned for 45 minutes before resuming at 4.00pm.