Impeached deputy president Rigathi Gachagua is set to face a crucial court hearing today Tuesday October 22, 2024, that will determine the fate of his political career.
A three-judge bench, assembled by Chief Justice Martha Koome, will preside over the case, which seeks to challenge the legality of his impeachment by the Senate.
The bench, comprised of Justices Eric Ogolla, Anthony Mrima, and Fred Mugambi, will hear arguments from both sides during an inter-partes session, scheduled for 11 am.
The case has moved swiftly through the legal system after a series of emergency rulings, as Gachagua and his supporters scramble to reverse the Senate’s decision.
Justice Freda Mugambi, ruling from Kerugoya High Court on Saturday, emphasized the gravity of the issues at hand, ordering that all involved parties be served promptly to ensure the case’s swift progression.
“In light of the urgency of the matter and the weighty issues raised therein, we direct that the application be served and responded to forthwith,” she said in her directive.
Gachagua, who was ousted from his position following accusations of promoting divisive politics and undermining national unity, has fiercely contested the impeachment process.
On Friday, Justice Chacha Mwita suspended the Senate’s resolution, issuing an order that temporarily prevents the National Assembly from considering any replacement for Gachagua, a role now expected to be filled by Interior CS Kithure Kindiki, a close ally of President William Ruto.
However, legal experts remain divided on whether the court rulings came too late to halt the National Assembly’s momentum.
By the time the orders were issued, MPs had already deliberated on Kindiki’s nomination, raising questions about whether Gachagua’s legal challenge might be futile.
Gachagua’s legal team has also raised concerns over the formation of the three-judge bench, suggesting possible bias.
In a formal complaint lodged with the Judicial Service Commission (JSC), Gachagua questioned how the case was assigned to the panel, claiming that Chief Justice Koome was out of the country at the time the decision was made.
He further alleged that the judiciary had become complicit in expediting his ouster in favor of swiftly swearing in Kindiki.
The ousted deputy president pointed to recent comments by Oscar Sudi, a close confidant of President Ruto, who publicly stated that Kindiki’s swearing-in would take place soon, fueling concerns that the judiciary might be rushing the case.
Gachagua’s lawyers argue that the speed with which the case has moved through the system indicates a coordinated effort to undermine his defense.
“The lightning speed with which the Kerugoya file was moved, and the weekend rulings issued, suggest a well-orchestrated plan to trample on our client’s right to a fair trial,” Gachagua’s team argued in a letter to the Deputy Chief Registrar.
Despite these claims, Gachagua remains focused on securing a favorable outcome in Tuesday’s hearing. His political future hangs in the balance, with allies and critics alike closely watching whether Kenya’s judicial system will ultimately reverse or uphold the Senate’s decision.
If Gachagua’s legal team can successfully argue that his impeachment violated procedural rules or constitutional rights, it could set the stage for a dramatic reinstatement, further complicating Kenya’s already tense political landscape.
However, should the court reject his appeal, it would clear the way for Kindiki’s swearing-in as Kenya’s next deputy president and spell doom for Gachagua’s political career as he will be permanently be barred from contesting for any public office.
For now, all eyes are on the courtroom, where the judges’ decision will reverberate far beyond the legal sphere, shaping the future of Kenyan politics in the years to come.
