The High Court has accepted an application by Deputy President Rigathi Gachagua to refer his case challenging his impeachment to Chief Justice Martha Koome.
DP Gachagua’s legal team led by Senior Counsel Paul Muite made an application to Justice Lawrence Mugambi to compel CJ Koome empanel the bench hearing the petition challenging his ouster bid.
Muite claimed so by dint that Gachagua’s impeachment case is the first in the country since the promulgation of the new constitution.
In his reference to the apex court, judge Mugambi wants CJ Koome to appoint a three judge bench to hear and determine the matter where Paul Mwite and a battery of 21 lawyers have raised constitutional questions which they say required the intervention of the Chief Justice.
”These petitions raise weighty constitutional questions hence I am persuaded to refer them to the Chief Justice for empanelment of a bench,” Justice Mugambi ruled.
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.
With the case currently before the Senate for consideration, the matter is set to be heard in plenary during which the lawmakers will probe all the 11 charges before summoning the deputy president to respond to the allegations.
Both the accuser and Gachagua have been furnished with the impeachment resolution from the NA and are now expected to file their responses before the clerk of the senate by Monday next week and pave the way for Gachagua’s trial on Wednesday and Thursday.