Chief Justice Martha Koome has constituted a three-judge bench to hear and determine Deputy President Rigathi Gachagua’s petition challenging his impeachment.
In her directive, Justice Koome assigned Justice Eric Ogola to preside over the case, with Justices Antony Mrima and Dr. Freda Mugambi as part of the panel. The judges are expected to hear Gachagua’s petition alongside five other petitions that have been filed challenging the impeachment process.
The Deputy President will face the Senate on Wednesday and Thursday, where he is set to defend himself against 11 charges after the National Assembly approved the impeachment motion. A total of 282 MPs voted to remove Gachagua from office, leading to the impeachment trial.
In the motion sponsored by Kibwezi West MP Mwengi Mutuse, Gachagua is accused of corruption, tribalism, abuse of office among others.
The petitions challenging the impeachment process have raised concerns over the legality of the proceedings, with some calling into question the manner in which the charges were brought forward. The consolidated case will explore whether the due process was followed in line with constitutional requirements.
Gachagua has maintained that the impeachment motion is politically motivated and has expressed confidence in the judiciary to deliver a fair ruling. The Senate, which is expected to conduct the trial over two days, will have the final say on the Deputy President’s fate.
The outcome of the Senate’s vote will be significant, as it requires a two-thirds majority to uphold the National Assembly’s decision to impeach the Deputy President.
This means 45 Senators must support it against the 67 Senators who include nominates and others representing various interests.
The trial could be extended beyond Wednesday should more time be needed for the examination of evidence and witness testimonies.
If impeached, this would be the first time a sitting Deputy President in Kenya faces removal from office through such a process as outlined in the 2010 Constitution.
