High Court Judge, Justice Lawrence Mugambi has allowed forwarding of the petition file challenging DP Rigathi Gachagua’s Impeachment to the Chief Justice Martha Koome for the appointment of uneven bench of Judges to preside over the case.
In reading the Court ruling, Justice Mugambi said he was not persuaded that without the benefit of looking at other similar files in the petition, the application to forward the file to the Chief Justice for empanelment of uneven number of judges is meritorious.
Justice Mugambi said that the petitioners pointed out various concerns in the petition saying the limited number of days by the National Assembly to conduct public participation had negative effect on carrying out adequate public participation.
“Considering the immense public interest that this matter has generated, and being the first of its kind in Kenya where the deputy president of the republic is being removed by the process of impeachment, it is my considered opinion that this matter deserves the input of a bench so as to pronounce itself on the process that is constitutionally compliance to serve as a benchmark for undertakings for this nature…” Ruled Justice Mugambi.
The Judge said that it was necessary for citizens of Kenya to know whether the current state of Law allows adequate opportunity to participate meaningfully in the process of removal of the deputy president.
In the Petition, the Deputy President through Senior Counsel Paul Muite had submitted that the court should pronounce itself on the question of public participation conducted by Parliament ahead of the vote to impeach the DP arguing it did meet the required threshold.
According to Mr Muite, the DP was not given sufficient time to respond to the issues, which were put to the public to form a basis for his ouster and in his view, he should have been given at least 12 days to prepare for his defense.
