Chief Justice Martha Koome has constituted a three-judge bench to hear and determine cases challenging the impeachment process of Deputy President Rigathi Gachagua.
The bench consists of Justices Eric Ogola, Anthony Mrima, and Freda Mugambi.
The CJ appointed the bench after Justice Lawrence Mugambi said he was satisfied that the petition filed by Gachagua and five other separate cases raised weighty constitutional issues that required the mind of more than one Judge.
He also considered the immense public interest they had generated.
“With the cases being the first of its kind in Kenya where the DP is being removed by the process of impeachment, it’s my considered opinion that they deserve the input of the bench,” said Mugambi.
He explained that the pronouncement of an uneven number of judges who will be appointed to determine the case will serve as benchmarks for future undertakings.
The judge said Kenyans must know whether the current state of law allows them adequate opportunity to participate meaningfully in the process of removal of their deputy president.
“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 it is necessary for citizens to 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,” he said.
