By Kamadi Amata
Chief Justice Martha Koome has appointed a three-judge bench to preside over cases challenging the impeachment of Deputy President Rigathi Gachagua. The bench will include Justices Eric Ogola, Anthony Mrima, and Freda Mugambi.
The decision to form the bench follows a ruling by Justice Lawrence Mugambi, who indicated that the six petitions filed—including one by Gachagua—raised significant constitutional questions. Justice Mugambi also highlighted the substantial public interest surrounding the case, noting its unique nature as the first instance of a Deputy President facing impeachment in Kenya.
“The complexity and constitutional weight of the issues raised in these petitions require the collective input of a bench,” said Mugambi. He also emphasized the need for a comprehensive judicial examination of whether the current legal framework sufficiently allows for meaningful public participation in the impeachment process.
The petitioners, including Gachagua, raised concerns over the limited timeframe of seven days for the impeachment process, arguing it hindered adequate public involvement. Justice Mugambi acknowledged this concern, stating that the lack of a mechanism for public participation and a framework to verify its outcomes were key issues that needed clarification.
He concluded by stating, “Given the unprecedented nature of this case and the significant public interest it has generated, it is essential for a bench to provide a definitive ruling on the impeachment process, which will serve as a precedent for future cases.”
This ruling comes at a time when Kenyans are keen to understand the legal processes that govern the removal of a sitting Deputy President and the role public participation plays in such significant political decisions.