Senate urged not to uphold DP’s impeachment
October 9, 2024
Senate urged not to
uphold DP’s impeachment
The Senate has been urged not to uphold the National
Assembly’s decision to impeach the Deputy President Rigathi Gachagua.
Former President of the East African Law Society James
Aggrey Mwamu says there are no sufficient grounds that can make the Senate to
uphold the yesterday’s Parliament decision to impeach the Deputy President on
the 11 counts tabled before the House.
Mwamu says the National Assembly did not consider the
evidence that the Deputy President gave before it yesterday during the debate
on the impeachment motion.
Mwamu says the Deputy President presented sufficient
evidence to Parliament and he should have been heard and given the benefit of
doubt before being impeached.
The Former East African Law Society President says it is
like the decision to impeach Gachagua was planned and muted elsewhere before
being brought to Parliament to debate and pass the impeachment motion.
Mwamu says the recent utterances by the National Assembly
Deputy Speaker Glady Shollei in Uasin Gishu at a public function about the then
impending impeachment of the Deputy President was very unfortunate and uncalled
for.
Mwamu says the Senate during the hearing of the impeachment
proceedings should get whether the charges levelled against the Deputy
President meets the threshold for his impeachment under Article 150 of the
constitution of Kenya 2010.
“The Senate should keenly look into the charges that have
been levelled against the Deputy President if they really meet the threshold
for his impeachment in accordance to article 150 of the constitution of Kenya
2010,” he says.
He says the Deputy President will also be given a chance to
defend himself before the Senate following accusation levelled against him that
has led to his impeachment by the National Assembly on October 8, 2024.
He says once these are looked into and there is sufficient grounds
for impeachment, then the Senate can uphold the decision of the National
Assembly, adding that if no sufficient grounds then the Senate will reject the
Parliament’s decision on passing the impeachment motion.
Mwamu says should the Senate uphold the impeachment motion
against the Deputy President, then he has an option of filing a petition in the
High Court challenging such a decision.
He says such a petition will contain issues like that of the
impeachment not being done in accordance to the constitution of Kenya 2010
among other issues.
“Removal of the Deputy President from the office is a
weighty matter and it is not a joke. The Chief Justice may appoint three to
five Judges to hear such a petition and it will take time,” Mwamu says.
Mwamu says the matter may move to the Court of Appeal and
eventually to the Supreme Court of Kenya, adding that it is a long process that
may take one to two years depending on how fast the court hear and determine it.
“While the judiciary will be hearing such a matter, they
will stop the processes that have been carried out by both the National
Assembly and the Senate and there is something like an injunction because once
such a petition is filed, there will be conservatory orders and he will still
stay in office until the court pronounce itself,” Mwamu further says.
Mwamu further adds that one of the things that may save the
Deputy President is the process of public participation that was carried out
without considering the provisions of the law, adding that the process was not
properly carried out.
“The Process of public participation that was done by
Parliament in regard to this matter was not a proper one and it looked like Parliamentary
baraza or Kamkunji. The Process was not carried out in the constituencies or at
ward level,” Mwamu says.
Mwamu says the hurry in which the process of Public
Participation was done is not good at all and it was not satisfactory, adding
that this is where the whole petition will be based on.
“If at all this thing moves to court, one of the areas of
focus will the on how the process of public participation was done that was not
satisfactory since it was done in a hurry, it was haphazard. Take a look of
what happened at Bomas of Kenya during such a process in Nairobi County, one can’t
tell whether there was an agreement to impeach or not to impeach the Deputy President,”
Mwamu further adds.
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