NAIROBI, Kenya, May 13 — Lawyers representing the National Assembly have defended the impeachment process against former Deputy President Rigathi Gachagua, dismissing claims that he was denied an opportunity to defend himself.
Appearing before the court during the hearing of Gachagua’s appeal challenging his October 2024 impeachment, National Assembly lawyer Tom Ojienda told the three-judge bench that the former deputy president had sufficient time between the reading of charges on October 9 and the Senate trial on October 16 and 17 to prepare his case.
“As we submit, my lord, the petitioner was afforded every opportunity and was substantively heard by the Senate before it arrived at the decision to impeach,” he said.
The Kisumu Senator argued that the proceedings strictly followed constitutional timelines and Senate standing orders.
“The Senate will therefore not pause these hearings and adjourn them unnecessarily, my lord, as that would violate the constitutional provisions and disrupt the delicate balance between fairness, accountability, and the prompt resolution of serious matters,” Ojienda submitted.
He told the bench that once impeachment proceedings are initiated, they cannot be halted or delayed.
Ojienda argued that Articles 145 and 150 of the Constitution, together with Senate Standing Orders, provide clear timelines intended to ensure impeachment proceedings are conducted expeditiously and efficiently.
He further submitted that impeachment proceedings involving a deputy president carry significant political and national implications, including matters touching on national security and public accountability, and therefore cannot be treated as ordinary court proceedings.
The National Assembly lawyer also cited the Supreme Court ruling in the impeachment case of former Nairobi Governor Mike Sonko, saying the apex court had cautioned against unnecessary delays in impeachment proceedings.
He maintained that the Senate accorded Gachagua a fair hearing before arriving at the decision to impeach him.
