Civil Society Group Files Petition to Halt Impeachment Motion Against Deputy President Gachagua

A civil society group, Sheria Mtaani, has filed a constitutional petition at the High Court seeking to stop the impeachment motion against Deputy President Rigathi Gachagua. The group, represented by city lawyers Danstan Omari, Shadrack Wambui, and Brian Mabeya, argues that fundamental constitutional rights have been violated in the process leading to the motion.

Speaking to journalists at Milimani Courts, the lawyers claimed that the current status of the National Assembly, which has not achieved the two-thirds gender rule, makes it unconstitutional for Parliament to discuss any impeachment proceedings. They also raised concerns about potential bias from National Assembly Speaker Moses Wetang’ula and his deputy, Gladys Boss Shollei.

“You can’t be a referee and at the same time want to officiate a match,” said Omari. “What the Speaker and his deputy have expressed is very wrong. This means Deputy President Rigathi Gachagua will not get justice.”

Omari further dismissed the allegations against Gachagua, calling them baseless. He emphasized that accusations of tribalism were misleading, as Gachagua has not made any government appointments, which are the prerogative of President William Ruto.

The petitioners also argued that impeachment motions should originate from the public, not from the President, as they claimed is the case here. They added that both Speaker Wetang’ula and Shollei have expressed support for the motion, raising concerns about fairness in the proceedings.

Wambui also questioned how the current Parliament, which has not resolved the two-thirds gender rule issue, could now deliberate on constitutional matters like impeachment. “The current parliament, in its form, can’t discuss the impeachment motion against Deputy President Rigathi Gachagua,” Wambui asserted.

The case will be mentioned on October 9th for further directions.