By Bonface Mulyungi
The High Court’s decision on the impeachment matter was based on seven key issues. Below is a summary of how the court addressed each point:
1) JURISDICTION
The court affirmed that it has jurisdiction to hear and determine impeachment-related cases.
2) BIAS
Allegations of bias and pre-determination were found to be unsubstantiated.
3) PUBLIC PARTICIPATION
The court held that there was sufficient notice and a meaningful opportunity for public participation.
4) CONSTITUTIONALITY OF THE STANDING ORDERS
The court noted that timelines for public participation are not set by the Constitution. Parliament is therefore at liberty to determine its own timelines through Standing Orders.
5) COMPOSITION OF THE NATIONAL ASSEMBLY AND THE IEBC
The court reaffirmed previous findings that the National Assembly is properly constituted. It also held that the involvement of the IEBC was not relevant to the impeachment process.
6) CONSTITUTIONAL PROCESS
The court found that the nomination and gazettement of H.E. Prof. Kithure Kindiki were not unconstitutional. It further noted that while the Constitution provides a 14-day window for appointment of a replacement, it does not require the full period to be used.
On the Senate process, the court held that establishing a special committee was within constitutional expectations. It also referenced prior jurisprudence, including the Sonko vs County Assembly of Nairobi case, where a plenary approach was upheld.
7) FAIR ADMINISTRATIVE ACTION AND FAIR HEARING
The court found that some of the rights of Rigathi Gachagua were violated. However, it held that this did not invalidate the impeachment due to the principle of finality, noting that overturning it would create a constitutional contradiction involving dual incumbency.
