Five petitioners question formation of bench in Gachagua Impeachment Case

Impeached Deputy President Rigathi Gachagua appearing before the National Assembly for his hearing on October 8, 2024. [Elvis Ogina, Standard]

Five petitioners who sought conservatory orders to halt the assumption of office by Kithure Kindiki as Deputy President are now raising concerns about the process that led to the formation of a three-judge bench to hear urgent applications related to the impeachment of Deputy President Rigathi Gachagua.

The petitioners, David Mathenge, Peter Gichobi Kamotho, Grace Muthoni Mwangi, Clement Muchiri Muriuki and Edwin Munene, said they expected a bench to be appointed within three to seven days, after which they would appear for directions.

Instead, they were served with applications from the National Assembly and the Attorney General, both dated October 18, which sought to set aside the conservatory orders issued by Justice Richard Mwongo.

"Subsequently, on Saturday, October 19, 2024, directions were issued by a three-judge bench comprising Justice E. Ogolla, Justice A. C. Mrima, and Lady Justice Freda Mugambi, who convened that Saturday to issue those directions. The three-judge bench has now scheduled the applications for an inter partes hearing on Tuesday, October 22, 2024," read a letter to Chief Justice Martha Koome dated Monday, October 21.

Last week, Justice Mwongo barred Kindiki from assuming the office of Deputy President following the case filed by the petitioners.

Furthermore, the judge referred the matter to Chief Justice Koome to constitute a bench to hear and determine the petition, stating that the case raised significant constitutional questions.

The petitioners now argue that the recent turn of events raises doubts about the fairness of the judicial process and their chances of receiving an impartial hearing.

"It is obvious that this matter is already being handled in a manner that will make it impossible for fair-minded and reasonable people to view the aggrieved parties as having been accorded a square deal in the impeachment proceedings," they said.

This comes hours after impeached Deputy President Gachagua wrote a letter to the Judiciary questioning why three judges had not halted the impeachment process despite a set timeline to review applications from Parliament and the Attorney General.