Court Orders Another Public Participation On Gachagua Impeachment Motion
This is as the initial public participation exercise on the impeachment motion which was announced by National Assembly Speaker Moses Wetang’ula commenced on Friday, October 4 morning across all 47 counties.
Marvin Chege 
UPDATE: The National Assembly has extended the public participation exercise on the special Motion for the impeachment, of Deputy President Rigathi Gachagua by a day, until Saturday, October 5. The Clerk of the National Assembly stated that the High Court of Kenya sitting at Kerugoya acknowledged the public hearings and further ordered that the National Assembly organize similar public hearings closer to the citizens at least at the constituency level on each constituency.
“Now therefore, it is notified to the general public that further to the public participation exercise which commenced on 2 October 2024, and the collection of views across the Venues and Constituency/County Women Representative Offices on 4th October 2024, the 290 Constituency Offices and 47 County Women Representative Offices of all Members of the National Assembly, which are offices under the Parliamentary Service Commission, shall remain open on Saturday, 5th October 2024 from 8.00 am to 5.00 pm to facilitate further public participation on the Special Motion,” read the statement in part.
The High Court's order was to enable the constituents of Members of Parliament responsible for the impeachment process nationally to engage with and participate in hearings and/or any other suitable modes by which citizens at that level can participate and offer their representations.
The High Court has ordered that a second public participation be conducted by the National Assembly regarding the impeachment motion against Deputy President Rigathi Gachagua.
This is as the initial public participation exercise on the impeachment motion which was announced by National Assembly Speaker Moses Wetang’ula commenced on Friday, October 4 morning across all 47 counties.
In a ruling seen by Viral Tea, Justice Richard Mwongo directed that a second round of public participation be conducted at the constituency level in each constituency in the Republic of Kenya.
The Milimani Law Courts in Nairobi. /FILE
“That the public Hearings to be held on 4th October 2024 may proceed as a first stage of public participation; and that the 1st to 5th Respondents shall organize similar public hearings closer to the citizens at least at constituency level on each constituency in Kenya to enable the constituents of Members of Parliament responsible for the impeachment process nationally to engage with and participate on hearings and/or any other level can participate and offer their representations,” reads part of the ruling.
The Court had deemed that the public participation limited to the county level as directed by the Speaker of the National Assembly to be insufficient thereby ordering an expanded public participation exercise.
Kirinyaga Woman Representative Jane Maina had on Wednesday filed a petition at the High Court in Kerugoya, Kirinyaga County, challenging the adequacy and the effectiveness of public participation which began today.
"To be clear, the consequence of the orders of the Honourable Court is that the ongoing impeachment process cannot proceed until a proper public participation exercise led by each Member of Parliament in their respective constituencies is undertaken," she said in a press statement.
"Members of Parliament must understand that the impeachment of an elected Deputy President is a grave matter and the ultimate say must come from the people who elected him. A boardroom signature is therefore insufficient and must be explained to and approved by the citizens of Kenya."
The ruling came even though the National Assembly proceeded to undertake the exercise at county levels across the country. On Friday, the exercise commenced in most centres across the country but has since been marred by challenges leading to confrontations among delegates.
Residents in the Mt. Kenya region counties of Nyeri, Murang’a, Nakuru and Kiambu took to the streets to protest against the government’s decision to conduct the exercise in paperwork. The locals instead, demanded that public participation be done using digital means.
In addition, Nyeri and Kiambu residents protested against the attempt to kick out the DP claiming that he was elected alongside President William Ruto and hence dismissing one would require the other to step aside as well.
In Nairobi, chaos at the Bomas of Kenya led to lawyer-turned-activist, Morara Kebaso, being attacked by delegates at the Bomas of Kenya during the public participation exercise to the point of suffering injuries.
On October 1, Speaker Wetangula issued directives on how public participation should be conducted. The speaker in his speech, noted that the move was in line with Article 182 of the Constitution which mandated Parliamentary facilitation of citizen engagement in such a motion.
"In consideration of the special motion and the modalities of such an exercise, it would be absurd for any person to imagine that such a motion would be concluded without the participation," Wetangula stated. "Article 182 of the Constitution categorically enjoins Parliament to facilitate public participation and involvement in the legislative and other businesses in Parliament and its committees," the Speaker added.
