By Sam Alfan.
The cases challenging the impeachment of former Deputy President Rigathi Gachagua is set for marathon hearing beginning in April.
The cases have stalled for the past one year owing to multiple applications, some of which have been argued all the way to the Supreme Court.
But before the hearing of the main cases, the bench of three judges will determine an application by businessman Enock Aura who is seeking the enlargement of the bench to five judges.
Aura is contesting the appointment of Deputy President Kithure Kindiki, arguing that his nomination and appointment was unconstitutional.
The application will be heard on February 26.
Aura had formally sought from the Chief Justice the appointment of a 5 Judge Bench, arguing that the issues raised were unprecedented, novel and raised great public interest as the constitutionality of the ouster of Gachagua and the unprocedural appointment of his replacement were weighty issues.
Aura alleges that the need to expand the bench of 3 judges to 5 is warranted on account of the novel and legally significant outcomes that impact on the relevant constitutional and legal issues raised.
Through his lawyer Harrison Kinyanjui, Aura wants an expanded bench to hear the application in the presence of the other Petitioners as directed by the Chief Justice.
The three Judge bench, presided by Justice Eric Ogolla, Winfrida Mugambi and Antony Mrima indicated that if an expanded bench is deemed necessary at a later stage, there will be time to notify and serve the relevant parties.
“If we feel there is need for an expanded bench, there’s time. Just serve the parties you feel need to be served,” Judge Mrima said.
Senior Counsel Paul Muite who is representing Gachagua, also urged the Court to give priority to his case when scheduling hearings since his client was directly affected by the impeachment and that it was impacting his client at a personal level.
“The instructions I have from my client in the three petitions are to politely request this court to give us the earliest hearing date,” Muite told the bench, citing Gachagua’s concern over being most affected by the impeachment.
Muite suggested even for the cases to be heard even Easter Holidays, if it was possible.
The Court has now fixed April 14, 15, and 16, 2026, for the hearings in one of the petitions.
On April 14, Gachagua will argue his case, followed by the State on April 15, and any rejoinder from him will be made on April 16.
At the heart of Gachagua’s compensation is a challenge to the constitutionality of his impeachment and what he terms as his illegal removal from office.
The former DP is seeking constitutional redress for the period he was out of the deputy president’s office, arguing that the impeachment process violated his rights and occasioned him huge losses.
“The Petitioner wishes to vigorously challenge the legality and constitutionality of his impeachment and will be seeking to persuade this Honourable Court to grant him emoluments he would have earned had he served for the entire five years for which he had been elected by the Kenyan people,” he said through Muite
Last month, the Supreme Court presided by Chief Justice Martha Koome declined to halt the hearing of the cases, pending before the High Court until appeals filed by Gachagua and the National Assembly, are determined.
In the ruling, the Supreme Court ruled that it had no jurisdiction to stay High Court proceedings as sought by Gachagua.
