By George Ndeto,
In a dramatic twist at the Milimani High Court on Monday, Senior Counsel Elisha Ongoya stirred the courtroom by comparing the 2024 impeachment of former Deputy President Rigathi Gachagua to the trials of Jesus Christ and Socrates.
Representing the former DP in a case challenging his removal from office, Ongoya argued that the impeachment was not a genuine legal process, but a “predetermined execution” disguised as a trial.
The lawyer told a three-judge bench that Gachagua’s fate had been decided long before the Senate voted to remove him.
“I have reflected on a number of unjust trials in human history: the trial of Sir Thomas More, the trial of Socrates, the trial of Jesus Christ, and even the trial of Rigathi Gachagua,” Ongoya stated, drawing laughter from the gallery.
He added: “One element characterizes these trials: they were carried out with predetermined outcomes. They were simply taken through the motions for the sake of appearances.”
While Gachagua is not seeking to reclaim his seat from his successor, Kithure Kindiki, he wants the court to declare his impeachment illegal to clear his name and secure his retirement benefits.
Why Ongoya Cited These Three Trials
To support his argument that Gachagua was “fixed,” Ongoya pointed to three of the most famous cases in history where the law was used to achieve a political end.
1. The Trial of Jesus Christ
Perhaps the most famous example of “legal theatre,” the trial of Jesus involved religious and political leaders who had already decided he must die. Despite the Roman Governor Pontius Pilate famously saying, “I find no fault in this man,” he gave in to the pressure of the crowd and ordered the execution anyway. Ongoya’s point was that even when the evidence is weak, a “fixed” system will still find a way to convict.
2. The Trial of Socrates
In 399 BC, the great Greek philosopher Socrates was brought to court in Athens on charges of “corrupting the youth” and not believing in the city’s gods. In reality, he was a political target because his teachings made powerful people uncomfortable. Even though he defended himself brilliantly, he was sentenced to death by drinking poison (hemlock) because the jury had been swayed by political bias.
3. The Trial of Sir Thomas More
Sir Thomas More was a top lawyer and advisor to King Henry VIII of England in the 1500s. When the King wanted to break away from the Catholic Church to remarry, More refused to support him on religious grounds. He was charged with treason. During his trial, witnesses lied under oath, and the judges—who were loyal to the King—ignored the law to ensure More was found guilty and beheaded.
The Way Forward
The court is now tasked with deciding if the 2024 impeachment followed the Constitution or if it was indeed a “theatrical performance” as described by Ongoya.
The hearing continues, with the legal team for the State expected to defend the Senate’s decision in the coming days.
