Gachagua appeals to Chief Justice over Senate impeachment process

By Robert Mutasi 

Deputy President Rigathi Gachagua has asked Chief Justice Martha Koome to ensure justice and fair play are served as his impeachment case proceeds.

Through his lawyer John Njomo, the DP said he was discontented with the manner in which the impeachment is being handled. 

He specially protested against the Senate's move not to give him an opportunity to defend himself.

Gachagua protested his case in a letter to the Chief Justice, seeking a fair hearing before the Senate. 

"I ask the Chief Justice Martha Koome to live true to the fidelity of our Constitution," the letter read in part, underlining the importance of adherence to constitutional norms in judicial hearings.

He said this because his right to a fair trial was infringed since he was denied adequate chance and time to defend himself on the charges facing him before the Senate.

This is regarding his impeachment, which Gachagua says was not in line with the principles of natural justice.

He says that although he was given an opportunity to defend himself during the proceedings before the National Assembly, the Senate also refused him an opportunity of this nature, notwithstanding his readiness to subject himself to cross-examination and to refute the accusations put before him.

"I attended the National Assembly and defended myself. In the Senate, I attended day one and prepared myself for cross-examination, as that is what should happen," explained Gachagua, who has been stressing his willingness to cooperate with the process.

He said he had made a formal request to appear before the Senate, but his request was disregarded in what appeared to be an opaque process.

The letter by Gachagua's lawyer also indicated that the matter is currently before the Kerugoya High Court. 

Directions have been issued towards a hearing scheduled for October 22, 2024. 

The Deputy President hopes the court will ensure there is justice in giving him ample opportunity to defend himself.

Appellate conduct by Gachagua places the Chief Justice in the limelight over the role of the judiciary in ensuring constitutional principles on cases that were deemed politically sensitive.