Mt Kenya elders, lawyers to raise funds to contest Gachagua ouster

A section of Kikuyu elders (Kiama Kia Ma) led by Clement Warorua (Mutonyi), Thiong'o Gitau (Matathi) and Njathi Mbatia (Matathi) during a press conference in Nairobi on November 20, 2019. [David Njaaga, Standard]

A group of professionals is raising Sh100 million to finance impeached Deputy President Rigathi Gachagua’s case along with a range of other litigation against government projects.

The group, which includes, Gema Watho, an association that brings together lawyers from Mt Kenya region, Gema Youth Council, Kiama Kia Ma, an elders association and professionals gathered at Nairobi’s Public Service Club on Tuesday and agreed to launch a fundraiser to mobilize funds for Gachagua’s impeachment case, among other public interest cases.

Led by the Gema Watho chairperson, lawyer Wambugu Wanjohi, the group explained that they took on Gachagua’s impeachment case and other cases as they felt the constitutional processes for his impeachment were not adhered to.

“As lawyers, anything that is a threat to the constitutional order is a threat to the prosperity of the nation. We are not challenging Gachagua’s ouster impeachment on the basis that he hails from Mt Kenya region but because of the various aspects of the impeachment such as insufficient public participation, denial of a right to a fair trial among others,” he said.

He reiterated that even if Gachagua hailed from any other part of the country, they would have litigated against it if they felt that the impeachment threshold was not attained.

Other than Gachagua’s impeachment, where Wanjohi said his group had three cases, he cited other cases that his group was pursuing in court including the Adani –JKIA deal, Adani-Ketraco deal, Ndabibi farm where the legitimate owners have been evicted and a case challenging the implementation of the Social Health Insurance Fund (Shif) and the Social Health Authority (Sha).

Petroleum deal

Wanjohi noted that they will also be filing a lawsuit against the controversial Government-to-government petroleum deal saying the case had issues that needed to be addressed by the courts.

“Whereas our objectives are to help our community, nothing limits us from litigating on issues of national public interest. We do this even as we continue to educate the members of the public through our legal clinics throughout the country for the prosperity of our people,” Wanjohi said.

He noted that the association, formed on September 2 last year, has since attracted 2,000 lawyers from across the region.

Njoroge Mugo, vice chairperson of Kiama Kia Ma, said that they decided to open a Pay Bill number to support public interest cases, viewing it as an act of compassion for their community.

“When we show mercy, it must be through action. That’s why, as elders, we support the Gema Watho group in their efforts on public litigation and Gachagua’s impeachment,” Mugo said during the meeting.

Douglas Ndonga, chairperson of the Youth Council, added that the community felt deeply impacted by Gachagua’s impeachment, prompting them to take on his cause.

“Gachagua was merely a custodian of the Deputy President role on behalf of the region. By assigning this position to Kithure Kindiki, we see an attempt to divide Mt Kenya West and Mt Kenya East. But that tactic has failed, and we will not let it succeed. We have no issue with Kindiki, yet we stand by Gachagua, our own,” said Ndonga.

He added that the youth have embraced handling internal differences through elders, church leaders, women, and youth representatives rather than showing overt defiance toward any leader from the Mt Kenya region, including Deputy President Kindiki.

Ndonga noted that his group also plans to train and build capacity among aspiring leaders to better inform the region’s electorate, ensuring only strong candidates represent the people.

Frustrations

Political analysts view this move by Mt Kenya’s associations as a sign of rising frustration with the Kenya Kwanza administration under President Ruto. Charles Njoroge said the region backed Ruto for various reasons: sympathy over his alleged mistreatment by former President Uhuru Kenyatta, the “Hustler” narrative that resonated with many, and long-standing Raila Odinga phobia instilled by Mt Kenya’s political elite.

“People across different groups who supported Ruto now feel aggrieved, and that’s why politicians, civil society, intellectuals, and clergy are slowly but steadily revolting. The high cost of living, reports of abductions, and government agency weaponization are only intensifying the situation,” Njoroge added.