DP Gachagua Lawyers Pen Letter Accusing Judiciary of Bias in Impeachment Proceedings
Ousted Deputy President Rigathi Gachagua has formally raised concerns over the constitution of the bench overseeing his impeachment case.
In a strongly-worded letter dated October 20, 2024, Gachagua’s legal team, led by lawyer John Njomo, addressed the Deputy Registrar of the High Court, seeking clarification on the involvement of Chief Justice Martha Koome in the selection of a three-judge bench.
The letter questions how the cases challenging Gachagua’s impeachment landed before a 3-judge panel, raising suspicions over the impartiality of the process. “We demand to know whether the Chief Justice was involved in the selection of an uneven number of judges to determine the petitions challenging the impeachment process,” Njomo’s letter read.
The legal team also highlighted the bench’s prior rulings, particularly its decision to toss out Gachagua’s request for conservatory orders and the refusal to lift an injunction that prevented Deputy President nominee Kithure Kindiki from assuming office. “The judges further considered and issued directions in Kerugoya High Court, setting the next hearing for October 22, 2024,” the letter added.
According to Gachagua’s team, the same three judges—Justices Eric Ogola, Antony Mrima, and Freda Mugambi—are also expected to handle additional cases on October 22, despite not being constituted to preside over them. The team questioned the rapid scheduling of the hearings, accusing the judiciary of blocking their client from seeking timely justice.
“The judges have claimed there is no available date to hear the petitioners’ cases until October 29, but we see this as a calculated effort to trample the rights of the petitioner,” Njomo stated.
Gachagua, who was recently hospitalized with chest pains, expressed his determination to challenge his impeachment, calling on CJ Koome to ensure fairness. “I ask the Chief Justice Martha Koome to live true to the fidelity of our Constitution,” Gachagua said in a press briefing on Sunday. He insisted he was not given a fair chance to defend himself before the Senate.
“I was ready for cross-examination. I appeared before the National Assembly, and I defended myself. I requested the same for the Senate, but I was denied that opportunity,” he asserted.
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DP Gachagua Lawyers Pen Letter Accusing Judiciary of Bias in Impeachment Proceedings
