Kenya: Court Declines to Stop Public Participation On Gachagua’s Impeachment

Nairobi Kenya — The High Court has declined to stop Friday’s public participation on the impeachment of Deputy President Rigathi Gachagua.

Justice Bahati Mwamuye directed applicants to serve respondents ahead of the mention next week on Wednesday.

“The Application dated 02/10/2024 shall be mentioned on 09/10/2024 virtually to confirm compliance and to take directions on the expedited hearing and determination of the matter,” read the court papers.

“The Court may on that day issue such interim conservatory orders or further directions as shall be deemed just, fit, and proper to issue pending the hearing and determination of the matter.”

This is after Gachagua filed an urgent application in court seeking orders to stop the exercise, citing lack of legislative procedure.

In the Petition dated October 3, Gachagua seeks orders from the court to bar the respondents (Speaker of the National Assembly and 3 others) from carrying out the exercise and declare they have contravened and threaten provisions of the constitution.

The Petitioner also argued that the respondents have not put in place adequate legislative procedures and fair administrative measures for effective public participation.

“An application under certificate of urgency seeking orders suspending the public participation I respect of the motion dated 26th September 2024 before the National Assembly scheduled to be conducted by 2nd correspondent on 4th October 2024 until the 2nd respondents puts measures in place to conduct public participation exercise pending hearing of the petition,” read the court papers.

This comes as the Public Participation exercise on the impeachment motion on Gachagua will now be conducted at the constituency level across 290 constituencies countrywide on Friday.

The exercise will afford Kenyans an opportunity to make submissions on the special motion sponsored by Kibwezi West MP Mwengi Mutuse at designated centers within the constituency.

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“The public participation process additionally contemplates collection of views from the constituency centers. The clerks will help in the compilation at the designated centers across all the constituencies,” National Assembly Speaker Moses Wetangula directed on Wednesday.

Speaker Wetangula gave the additional directions following a Kamkunji meeting held to discuss the matter following the tabling of the motion on Tuesday.

The National Assembly adjourned its scheduled morning sitting from 12pm to 2pm to discuss procedure on the public opinions on the impeachment motion to seal loopholes that might thwart the motion at the courts.

To facilitate the public participation, the House adjourned on Thursday afternoon to allow the lawmakers visit their constituents to participate in the exercise.

“The public participation will be conducted countrywide and the House will retreat tomorrow where the legal counsels will explain the modalities,” Speaker Wetangula said.

Gachagua stands accused of over ten violations, including breaches of the constitution, corruption, and incitement.

Charges against Gachagua include gross violations of the Constitution, promoting ethnic discrimination, and undermining national unity through divisive public statements.

Gachagua is also accused of contradicting government policies and failing to uphold his duties as Deputy President, particularly in relation to collective Cabinet responsibility.

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