Embattled Deputy President Rigathi Gachagua has suffered a major setback after the High Court on Friday has declined his bid to stop public participation and bar Parliament from debating the motion to impeach him.
High Court Judge Lawrence Mugambi denies Gachagua orders to block public and instead ordered DP to serve the court papers to National Assembly, Senate and the Attonery General by close of business October 4,2024
The case will be mentioned on October 9 for further directions.
The orders of the court comes after the DP on Thursday dashed in court to stop the ongoing public participation citing it’s against the constitution and is giving citizens enough opportunity to participate in the process.The DP also urgues that the motion to kick of office is unconstitutional, based on false allegations, including claims of amassing wealth amounting to Sh 5.2 billion in just two years.
In a comprehensive 144-page petition lodged at the Milimani High Court, Gachagua contends that the impending impeachment motion, tabled in Parliament, undermines his constitutional rights and is an act of political persecution.
“The intended impeachment process against me essentially seeks to overturn the sovereign will of the majority of Kenyans who voted for me as Deputy President in the August 2022 presidential election,” Gachagua asserts.
He emphasizes that the grounds for impeachment are frivolous and do not meet the legal standards required for such a serious action.
The Deputy President has also criticized National Assembly Speaker Moses Wetangula and Deputy Speaker Gladys Shollei for bias, pointing to their public comments about his fate.
Gachagua claims that the leadership of the National Assembly, including key figures supportive of the impeachment motion, cannot be trusted to facilitate a fair public participation exercise.
“Only an independent and impartial body can conduct such an exercise,” he laments.
Gachagua further argues that the proposed impeachment is unconstitutional and serves unjustified purposes.
His legal team, led by Victor Swanya, contends that impeachment is a serious process that must adhere strictly to constitutional and parliamentary procedures.
In his petition, Gachagua seeks to halt public participation on the motion, asserting that the proposed forums are insufficient for meaningful engagement.
He highlights that only a limited number of locations are designated for public input, effectively excluding many Kenyans from this critical process.
“The physical public participation forums are scheduled to be held at one location per county, which will shut out the vast majority of Kenyans entitled to participate,” he explains.
Moreover, Gachagua argues that public participation should occur across the 290 constituencies, as stipulated by Article 138(2) of the Constitution, which governs presidential elections.
“Any effort to alter the sovereign will of the 7,176,141 Kenyans who elected me must take place at the constituencies where their voices were expressed,” he insists.
In his plea, Gachagua has requested an order to prohibit the National Assembly from processing, passing, or transmitting any resolutions related to the impeachment motion filed on September 26.
This latest petition follows several others filed by his allies and rights groups, all aimed at challenging his impending ouster.
On the allegations of corruption and wealth accumulation, Gachagua vehemently denies the claims, describing them as sensational and false.
His affidavit paged 128 pages addresses specific properties cited in the impeachment motion, including Outspan Hotel and Treetops Lodge, clarifying their ownership and acquisition.
“I have been transparent about the ownership of these properties,” he states, revealing that Outspan Hotel was purchased through a bank loan and that Treetops Lodge is an assignment of lease from a private entity.
Gachagua also points out that some properties mentioned in the motion belonged to his late brother, Nderitu Gachagua.
“I do not own Olive Gardens Hotel or Queens Gate Serviced Apartments; these properties were sold according to my brother’s will, and the proceeds were distributed among beneficiaries,” he clarifies.
The Deputy President argues that the motion to impeach him is built on deceit and misrepresentation of facts.
He asserts, “The falsehoods and suppression of material facts aimed at achieving my political lynching cannot be allowed to stand.
”Gachagua insists that the scheduled public participation exercise, set for October 4, 2024, would prevent the public from hearing the full truth regarding the allegations against him.”
