The High Court has referred five petitions challenging Deputy President Rigathi Gachagua's impeachment to Chief Justice Martha Koome, to empanel a multi-judge Bench.

In his ruling, Justice Lawrence Mugambi stated that the issues raised in the petitions are serious legal matters that require the input of more than one judge.

“In my view, these petitions raise serious constitutional questions under Article 163(e) and (d)(2) of the Constitution, and I am persuaded to refer the five cases to the Chief Justice for empanelment,” Mugambi ruled. 

Judge Mugambi emphasized that the question of public participation in Gachagua's impeachment merits thorough examination by the appointed bench. 

Gachagua, represented by senior counsel Paul Muite, expressed concerns that he had not been given adequate time to respond to the 11 allegations of gross misconduct and corruption during the National Assembly's public participation process.

“There was also the question of whether there was adequate public participation and whether the process should include the response of the person being impeached,” Judge Mugambi stated.

He added, “If the absence of including the response of the person being impeached compromises the public participation outcome, prejudicing their right to a fair hearing under Article 57 of the Constitution, these are substantial questions of law arising from this impeachment process.” 

The judge also highlighted the need to determine whether the seven-day period provided for impeachment by the National Assembly was sufficient.

He noted that the standing orders relied upon in the impeachment process warrant judicial scrutiny. By Nancy Gitonga, The Standard