Kenyan Justice Lawrence Mugambi has referred the case challenging the impeachment of Deputy President Rigathi Gachagua to Chief Justice Martha Koome to constitute a bench that will hear and determine the matter.
In his ruling Friday morning, Justice Mugambi said the issues raised by Gachagua and the other four petitions that were before him raise weighty constitutional issues that should be handled by more than a single judge.
“I was keen to pick the unique challenges pointed by the petitioners regarding the standing orders that national assembly relied on in carrying out the impeachment process,” he said.
Gachagua and the other petitioners had Indicated that the limited duration of seven days to carry out the entire process had a negative effect in carrying out adequate public participation.
Based on this, the Judge said failure by standing orders to provide any mechanism for public participation and framework to authenticate the outcome of the public participation exercise are some of the issues that should be determined by a bench.
In closing, the Judge said;
“Considering the immense public interest this matter has generated, and being first of its kind it’s my considered opinion that this matter deserves a bench to pronounce itself on the impeachment process that will serve as a benchmark in future,” he said.
“Citizens must know whether the current state of law allowed for ample opportunity to participate meaningfully in the process of removal of the DP. Given the nature of these proceedings, starting from the national assembly all the way to the Senate and massive public interest generated, I’m convinced that it would require the mind of one judge.”
