National Assembly To Defend The Impeachment Process Of Deputy President And Ten Other Petitions Before Court
Deputy President Rigathi Gachagua
By PSCU and MKT Correspondents
Worth Noting:
- Among the other ten petitions is one filed by Kirinyaga County Women Representative Njeri Maina and former United Democratic Alliance Party Secretary General, Cleophas Malala.
- In her Petition filed before the High Court in Kerugoya, Kirinyaga, Ms Maina, argues that the period for the Notice of Public Hearings was too short, insufficient and ineffective, arguing that the gravity of the impeachment of the Deputy President of the Republic of Kenya, was a serious matter necessitating more time.
- “There is a cost implication for the Kenyan Citizens in regards to accessing the participation venues considering the geographical expansions of the Republic of Kenya,” argues the Kirinyaga County MP.
The National Assembly will defend the 11 Petitions so far filed in Court, including one filed by the Deputy President challenging the Impeachment process against Deputy President Rigathi Gachagua
In his Petition filed at the Milimani High Court yesterday, Gachagua through Lawyer Victor Swanya seeks to have the impeachment process suspended pending the hearing and determination of the case.
The Deputy President argues that the Motion for his removal is founded on shaky and dangerous legal and procedural foundations that threatens the broad principles of good governance, procedural fairness and fair administrative action, transparency, accountability, public participation and institutional integrity.
“The petition herein raises an important question of principle, law and procedure, namely, whether the Standing Orders of the National Assembly are unconstitutional to the extent of their failure to make provision for any public participation as an integral part of the process of consideration of a Motion seeking removal from office by impeachment of the President or Deputy President of the Republic of Kenya;” reads the Petition in part.
Among the other ten petitions is one filed by Kirinyaga County Women Representative Njeri Maina and former United Democratic Alliance Party Secretary General, Cleophas Malala.
In her Petition filed before the High Court in Kerugoya, Kirinyaga, Ms Maina, argues that the period for the Notice of Public Hearings was too short, insufficient and ineffective, arguing that the gravity of the impeachment of the Deputy President of the Republic of Kenya, was a serious matter necessitating more time.
“There is a cost implication for the Kenyan Citizens in regards to accessing the participation venues considering the geographical expansions of the Republic of Kenya,” argues the Kirinyaga County MP.
In his Petition before the Milimani High Court, former United Democratic Alliance (UDA) Secretary General Cleophas Malala, is alleging that the impeachment process is unlawful and unprocedural on grounds that the National Assembly and Senate had not met the constitutional gender parity threshold of not-more-than two-thirds and are thus null and void.
The Court declined to issue orders suspending the impeachment process, and instead slated the matter for mention on Monday for further directions and /or issuance of orders.
The Second Petition was filed in Nyandarua by one Dennis Ndegwa, seeking to restrain the National Assembly and the Senate from discussing or initiating a Motion for impeachment of the Deputy President.
The Petitioner alleged that the Motion was not based on constitutional concerns but is driven by political motivation and factionalism within Parliament.
The court also declined to issue stay orders against the impeachment process and instead directed that the matter be mentioned on October 14 for directions.
The third petition was filed by Sheria Mtaani and Shadrack Wambui accusing National Assembly Speaker, Moses Wetang’ula of bias to the Motion on account of past utterances presumed to be related to the Motion.
High Court Judge Justice Chacha Mwita slated the matter for directions Wednesday next week October.
In another Petition, Obuli Namenya, Kennedy Gachege, Dennis Okumu and five others claim the impeachment process lacks the mandatory public participation in the process, as required by Article 118(2) of the Constitution, claiming that there are no clear laws or mechanisms guiding public involvement in such motions.
Additionally, the petitioners reflect on the historical challenges faced by Vice Presidents in Kenya, stating that the office has been marked by political interference, frustration, and dismissals, and that the current Constitution has not resolved these longstanding issues.
Justice Lawrence Mugambi set the hearing of the Petition for Wednesday next week.
In another Petition, Caroline Wambui Mwangi has gone to court claiming that the Deputy President was not given a proper notice of the impending impeachment process against him.
The petitioner has sought conservatory orders restraining the respondents from collecting signatures, filing, or proceeding with any impeachment motions against the Deputy President.
The matter was mentioned on Monday where Justice Mugambi who slated the matter for Wednesday for any further directions.
The other two petitions are one filed by Hezron Okirigit and two others, and another filed by Jeremiah Gitari Njagi.
The Okirigit Petition had been slated for mention on October 15 before the Deputy Registrar to confirm compliance and for fixing of a mention date before a Judge, while no directions are yet to be issued on the last Petition.
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