NAIROBI, Kenya, May 7 — Former Deputy President Rigathi Gachagua has intensified his legal battle against his impeachment after his legal team submitted a fresh set of prayers and reliefs before the court seeking to overturn the process that led to his removal from office.
In the court filings, Gachagua’s lawyers argue that both the National Assembly and the Senate violated constitutional provisions during the impeachment proceedings conducted in October 2024.
Among the key prayers presented before the court is a declaration that the impeachment process itself was unconstitutional and violated the Constitution.
The legal team further argues that the modalities used to conduct public participation failed to meet the constitutional threshold required for such a critical process, insisting that Kenyans were not adequately involved before the impeachment motion was debated and passed.
The lawyers are also seeking a declaration that the Senate failed in its constitutional obligation regarding public participation during the proceedings that culminated in Gachagua’s ouster.
In a separate argument, the legal team contends that the Senate was constitutionally obligated to appoint a select committee to investigate the impeachment charges before debating the matter in plenary.
According to the filings, failure to constitute such a committee rendered the entire process procedurally flawed and unconstitutional.
The court documents further challenge the timelines adopted during the impeachment process, with Gachagua’s lawyers arguing that the timelines were rushed and failed to meet constitutional standards for fairness and due process.
As part of the relief sought, the legal team wants the court to quash the National Assembly resolution passed on October 8, 2024, which approved the impeachment motion against Gachagua.
They are also seeking orders to quash the Senate resolution of October 17, 2024, which upheld the impeachment and formally removed him from office.
The case is expected to reignite legal and political debate over the constitutionality of impeachment procedures and the role of Parliament in high-profile removal proceedings.
