Reasons DP Gachagua is giving courts to thwart looming impeachment

Deputy President Rigathi Gachagua has turned to the court to salvage the looming end of his political career.

His is a spirited fight to also thwart the threat of being barred permanently from holding a public office.

But Constitutional and Judicial Review of the High Court declined to stop members of the public from participating in the impeachment exercise of Kenya’s second in command.

On Thursday, Justice Bahati Mwamuye declined a plea by DP's sympathizer Vincent Okoth to bar members of the public voting either yes or no to the impeachment motion whose outcome could change the country’s political landscape.

Mr Gachagua filed a petition to stop public participation saying the move will plunge the country into a Constitutional crisis.

Another sympathiser, activist Fredrick Bikeri argued that Parliament is not legally mandated to discuss the DP’s ouster.

Through lawyer Danstan Omari, Mr Bikeri said it goes against the Constitutional grain to impeach the Deputy President.

Mr Gachagua along President William Ruto were elected by over 7 million votes.

They trounced Raila Odinga of Azimio La Umoja-One Kenya who had Senior Counsel Martha Karua as his running mate.

The General Election was held on August 9, 2022.

President Ruto and his embattled DP were sworn in on September 13, 2022, in a colourful event held at Kasarani.

Lawyer Omari was on Thursday seeking a conservatory order to prohibit members of the public from giving their views on the DP Gachagua’s removal from office on allegations of corruption and gross misconduct.

So far, a total of 11 petitions have been filed seeking orders to stop the impeachment motion.

DP Gachagua had prayed to the court to stop public participation and also bar Parliament from debating the motion to impeach him.

He argued that having been elected Deputy President by 7,176,141 Kenyans, he is now being subjected to political lynching which is unconstitutional, based on lies.

He also denied amassing wealth amounting to Sh5.2 billion in two years. Instead he argued that some of the properties, in particular the hotels he allegedly owns, were owned by his late brother Nderitu Gachagua.

In his 144-page petition lodged before Milimani High Court, Mr Gachagua said the impending impeachment motion tabled in Parliament on Tuesday is an affront to his constitutional right.

“The intended impeachment process against me seeks to overturn the sovereign will of the majority of people of Kenya who voted for me to be the Deputy President of the Republic of Kenya,” Mr Gachagua said, adding that the reasons lawmakers are giving are flimsy.

At least 14.1 million Kenyans participated in the 2022 Presidential election.

DP Gachagua maintains that public participation should be held in each and every constituency, including the Diaspora as opposed to just one location of each the 47 counties minus the diaspora.