The ongoing public participation on the impeachment motion of Deputy President Rigathi Gachagua has suffered a setback after the High Court ordered a fresh exercise to be carried out across all constituencies.
The High Court sitting in Kerugoya on Friday ordered the National Assembly to carry out the collection of public views across the 290 constituencies as opposed to counties.
Justice Richard Mwongo made the ruling following a petition filed by Muge Law Advocates on behalf of Kirinyaga Woman Representative Jane Njeri Maina. The matter was certified as urgent.
The judge argued that the public hearing scheduled for today (October 4) may proceed as a first stage but the respondents in the case to organize similar public hearings for citizens at least at the constituency level.
He made the ruling even as the National Assembly on Friday conducted the public participation on the impeachment of Gachagua in 47 centres in all counties.
In his ruling, the judge said that conducting the exercise in constituencies will enable constituents of members of Parliament responsible for the impeachment process nationally to engage with and participate in hearings by which citizens at that level can participate and offer their representations.
The Judge in issuing the order referred to Supreme Court decisions that have been the guiding principle when it comes to meaningful public participation.
The outcome of these decisions is that public participation must be genuine and accompanied by reasonable notice.
The matter which was certified as urgent was filed by Kirinyaga Women Rep Jane Njeri Maina. The MP has sued the Senate, National Assembly and others.
The judge directed the MP to serve the respondents with the papers ahead of a mention date on Friday next week when the court will issue further directions in the case.
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