Impeachment
A Laikipia youth leader has filed a petition at Nyahururu High Court seeking orders stopping the National Assembly from either introducing or debating impeachment motion against Deputy President Rigathi Gachagua.
The Petitioner, Mr. Denis Ndereva, who is also the Youth for Youth Africa Chief Executive Officer, also seeks orders barring the National Assembly and The Senate against discussing DP Gachagua’s impeachment until the end of his term. The petition is filed against the Assembly as first respondent, Speaker Moses Wetangula as second respondent, Senate Speaker Amason Kingi and the Attorney General as third and fourth respondents respectively.
Under a certificate of urgency, Ndereva says the impeachment motion on or about to be introduced seeking to impeach the DP is politically motivated with procedural irregularities, and that it would cause risk of irreparable harm, and violates the constitutional procedures.
“The petitioner raises the following legal issues for determination by this honourable court. Whether the impeachment motion against Deputy President Geoffrey Rigathi Gachagua meets the constitutional threshold as stipulated in Article 150 of the Constitution of Kenya 2010, whether impeachment process to be initiated by Parliament violates the constitutional principles of fairness, natural justice, and procedural due process, whether the impeachment Motion constitutes a politically motivated attack on the Deputy President, and whether it violates the principle of Separation of Powers as enshrined in the Constitution of Kenya 2010,” reads part of the petition.
He also wants the court to determine if the petitioner is entitled to a permanent injunction preventing any future impeachment attempts against DP Gachagua.
He says the Constitution provides specific and limited grounds for the removal of Deputy President from office including gross violation of constitution, when there are serious reasons to believe that the DP has committed a crime, gross misconduct and physical or mental incapacity to perform the functions of the office.
“The petitioner contends that the impeachment motion against the DP does not meet the stringent requirements outlined in the Constitution. The motion’s motives or the intentions as currently framed, lack a clear legal basis and is driven by political rivalries rather than legitimate constitutional concerns,” reads the petition.
The petitioner is concerned about a fair hearing by the Assembly, noting that the DP’s trial is already prosecuted in a court of public opinion which is against the rules of natural justice and fair trial.