In the submissions presented before the court, Gachagua’s lawyers argue that the entire impeachment process was unconstitutional, procedurally flawed and failed to meet the standards required under Kenya’s Constitution.
At the center of the petition is a request for a declaration that the impeachment itself violated the Constitution. The legal team claims that the process adopted by Parliament ignored key constitutional safeguards meant to protect public officers from arbitrary removal.
The lawyers further argue that the public participation exercise conducted during the impeachment proceedings failed to meet the constitutional threshold.
According to the petition, Kenyans were not given adequate time, access or meaningful opportunity to contribute to the process before such a weighty national decision was made.
The petition also seeks a declaration that the Senate failed in its constitutional duty regarding public participation.
Gachagua’s legal team insists that the Upper House rushed the proceedings and failed to facilitate genuine public involvement before making its determination.
A major issue raised in the court filings concerns the Senate’s decision not to form a select committee to investigate the impeachment charges.
The lawyers argue that appointing a select committee is mandatory in any impeachment process involving a deputy president and that bypassing this step rendered the proceedings defective from the onset.
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The legal team has also challenged the timelines used during the impeachment, describing them as unconstitutional and unreasonable.
They claim the speed with which the process was handled denied Gachagua sufficient time to prepare his defense and adequately respond to the accusations leveled against him.
In the prayers submitted before the court, the former Deputy President is seeking orders to quash the National Assembly resolution passed on October 8, 2024, which approved the impeachment motion.
He is also asking the court to nullify the Senate resolution of October 17, 2024, which upheld the impeachment and effectively removed him from office.
The case is expected to reignite political debate across the country, with Gachagua’s supporters maintaining that he was politically targeted, while his critics insist the impeachment followed due constitutional process.
The court’s eventual ruling could have far-reaching implications on how future impeachment proceedings against senior state officers are conducted in Kenya.
