Court orders new round of public participation over Gachagua’s impeachment

By Peter Ochieng

Deputy President (DP) Rigathi Gachagua has landed what seems to be a positive court outcome, amid the ongoing impeachment process against him.

Justice Richard Mwongo of the Kerugoya Law Courts in Kirinyaga County has ordered Parliament to conduct a second round of public participation, over DP’s impeachment motion tabled on Tuesday this week.

Justice Mwongo said the public participation exercise being spearheaded by the National Assembly should be conducted in all the 290 constituencies, across the country. Today, the exercise is taking place in only 47 stations around the country.

“Parliament shall organise similar public hearings closer to the citizens at least at the constituency level in each constituency in Kenya to enable the constituents of Members of Parliament responsible for the impeachment process nationally to engage and offer their representations," the judge ruled.

Kirinyaga Women Representative Njeri Maina had filed a petition challenging the effectiveness of the public participation exercise, currently ongoing in all the 47 counties.

In her petition, Maina, who is among few Gachagua allies left in Mt. Kenya, indicated that the notice period for public hearing was too short. The notice for the exercise was published in the local dailies on October 2, 2024, two days before the due date.

The legislature accused the government of not having specified the exact website to download the template form. In addition, she argued that the government assumed all Kenyans had access to the internet to access the template form.

"The supposed template purports to limit or ring-fence the responses to the Special Motion and does not allow for submission of reasons in support or opposition to the Special Motion only providing insufficient check boxes," she stated in her petition.

"The supposed template is crafted in a manner to only solicit positive responses in support of the Special Motion."

Before the tabling of the motion, Gachagua was very vocal against his proposed removal from office. He has however gone quiet, perhaps holed up in meetings with his legal team to mount a legal challenge against his impending removal from office.