Gachagua attends court for impeachment case hearing
Impeached deputy president Rigathi Gachagua arrived at the milimani law courts accompanied by his legal team for the hearing of the cases linked to his impeachment.
He is challenging his removal from office, arguing that the case involves significant constitutional questions that necessitate a panel of judges with diverse backgrounds and expertise.
The three-judge bench, led by Justice Eric Ogolla is set to hear an application challenging stay orders stopping the nominated successor Prof. Kithure Kindiki from taking office.
However, Gachagua questioned the process that led to the case being assigned to the three-judge bench in a letter to the Deputy Chief Registrar.
“There are preliminary indications that the Chief Justice was not even in the country at the material time in question. For this reason, a formal complaint is being filed with the Judicial Service Commission,” read the letter.
He voiced concerns that the three-judge bench would not afford him a fair trial, claiming that the sudden change in hearing date from Thursday to Tuesday was aimed at facilitating the swift swearing-in of Deputy President-elect Kithure Kindiki.
Through his lawyer Adrian Kamotho, President William Ruto has asserted that the High Court does not have the legal authority to hear and decide on petitions contesting Gachagua’s impeachment.
Ruto argues that the Supreme Court is the only court with the sole authority to hear and adjudicate the case.
“The Petition herein filed in this Honorable Court in clear disregard of the law, is misuse of the due process of court, hence cannot be countenanced and determined by this Honorable Court,” read the court document.
Petitioners Clement Muriuki David Mathenge, Edwin Kariuki, Grace Mwangi and Peter Kamotho moved to court to block Kithure Kindiki from assuming office.
The petitioners claim that the impeachment proceedings were unconstitutional, had procedural flaws, and were politically motivated.
On Monday, Gachagua was summoned by the Directorate of Criminal Investigations (DCI) after he made claims that his life was in danger and state operatives had tried to poison him on two separate occasions. He instead chose to ignore the invitation by the DCI and went to Milimani Law courts.
He was scheduled to appear before the DCI headquarters at Kiambu Road on Tuesday.
