Lawyers representing the National Assembly of Kenya and petitioners in the impeachment case against former Deputy President Rigathi Gachagua have defended the process that led to his removal from office, dismissing claims that he was denied a fair hearing.
During court proceedings, lawyer Michael Muchemi, appearing for petitioner Mwengi Mutuse, argued that Gachagua had lost both parliamentary backing and the confidence of the political party that sponsored him to office.
Muchemi further maintained that impeachment proceedings are political rather than criminal in nature and therefore should not be subjected to the strict standards applied in ordinary judicial trials.
Lawyers representing the Speaker of the National Assembly also rejected accusations that the Speaker acted unfairly or displayed bias during the impeachment proceedings.
The legal team told the court that compliance with constitutional timelines did not amount to an unfair or rushed process, insisting that Gachagua was given an opportunity to defend himself throughout the proceedings.
They further argued that the Speaker’s role in the House is limited to presiding over proceedings and does not extend to participating in debates or influencing decisions made by Members of Parliament.
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The submissions come as Gachagua continues to challenge the legality of his impeachment, with his legal team seeking declarations that the process violated several constitutional provisions, including Articles 10, 47, 50, 118 and 145.
His lawyers also questioned the public participation exercise conducted on October 4 and 5, 2024, arguing that it failed to meet the constitutional threshold required for meaningful public engagement.
In addition, the former Deputy President wants the court to rule that the Senate was constitutionally required to establish a select committee to handle the impeachment proceedings and that any process conducted outside such a committee was unlawful.
The petition also challenges Standing Order 64(2), with Gachagua’s lawyers arguing that the timelines provided under the rule conflict with constitutional requirements.
The former Deputy President is further seeking orders to nullify the National Assembly of Kenya resolution passed on October 8, 2024 and the Senate of Kenya resolution of October 17, 2024 that upheld his impeachment.
He is also seeking compensation for salary, benefits and damages arising from what he describes as an unlawful removal from office.
The matter is being heard by a three-judge bench comprising Justices Erick Ogolla, Anthony Mrima and Freda Mugambi, who are expected to issue further directions on the case.
Gachagua made history in October 2024 after becoming the first Deputy President in Kenya to be impeached following a Senate vote upholding charges against him. He has since alleged that bribery influenced both National Assembly and Senate proceedings related to his removal.
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