By Andrew Kariuki

The three-judge bench hearing petitions challenging the impeachment of former Deputy President Rigathi Gachagua has outlined six key issues that will guide its determination of the case.

In setting out the issues for consideration, the court indicated that it will first determine whether it is properly seized of the dispute and the extent of its constitutional mandate in reviewing impeachment proceedings undertaken by Parliament.

The bench will also examine allegations that the mover of the impeachment motion acted with bias or had predetermined the outcome, as well as claims that there existed a coordinated effort among the respondents to unlawfully remove Gachagua from office.

Another major issue identified by the court is whether the constitutional threshold for public participation was met during the impeachment process, a matter that has featured prominently in the petitions.

The judges will further consider whether the Standing Orders relied upon by the National Assembly and Senate during the impeachment proceedings comply with the Constitution and applicable law.

The court will also address questions relating to the composition of Parliament and the absence of a fully constituted Independent Electoral and Boundaries Commission (IEBC), and whether those factors had any constitutional implications on the impeachment process and any subsequent nomination procedures.

Finally, the bench will determine whether parliamentary privileges, immunities and constitutional protections accorded to Parliament and its members limit the court’s ability to scrutinize the impeachment proceedings.

The issues outlined by the court are expected to form the foundation of the judgment in one of Kenya’s most closely watched constitutional and political disputes.