The High Court has declined to suspend the public participation process regarding the impeachment motion against Deputy President Rigathi Gachagua, following a petition filed by Victor Okoth.
Justice Bahati Mwamuye, however, certified the matter as urgent and scheduled a hearing for October 9.
In his petition, Okoth argued that the public participation exercise undermines the constitutional integrity of the impeachment process, claiming it violates principles of fair hearing and due process.
He asserted, “The public is being misled to participate in an unconstitutional process at a level that was not designed for their direct involvement.”
Justice Mwamuye directed Okoth to serve his application on the National Assembly, its Speaker, and the Clerk, noting that the Deputy President is listed as an interested party in the proceedings.
Okoth’s petition contends that the impeachment proceedings against the Deputy President are governed by Articles 145 and 150 of the Constitution, as well as Standing Orders 64 and 65 of the National Assembly, which do not mandate public participation.
He emphasized that the rushed public participation process amounts to an encroachment on the powers of the Senate, as outlined in Article 145(3) and (4) of the Constitution.
In his submission, Okoth argued that unless the court intervenes, he stands to suffer irreparable harm due to the continuation of what he deems a flawed process.
The court will reconvene on October 9 to confirm compliance with the directives and provide further guidance on the expedited hearing of this significant matter.
