Gachagua Writes Protest Letter to Judiciary Ahead of Ruling on Impeachment

Deputy President Rigathi Gachagua finds himself at the center of a legal and political storm as the Judiciary prepares to deliver a pivotal ruling on Tuesday concerning his impeachment. The upcoming decision by a three-judge bench comprising Justices Eric Ogola, Antony Mrima, and Freda Mugambi—could determine whether the Deputy President retains his position or if Professor Kithure Kindiki, who was swiftly nominated as Gachagua’s replacement, will take office. The legality of Gachagua’s impeachment has triggered a wave of judicial challenges and intense political maneuvering, laying bare the complexities of Kenya’s legal processes, and sparking concerns about the balance between political and judicial power in the country.

This article explores the ongoing legal drama, focusing on Gachagua’s protest letter to the Judiciary and the broader implications of this standoff for Kenya’s democratic institutions.

Background of the Impeachment

The push to impeach Deputy President Gachagua has been months in the making. Gachagua has been accused of various transgressions, including mismanagement and ethical breaches, which his opponents claim make him unfit for office. Although Gachagua has consistently denied these allegations, efforts to remove him from office gained momentum in the National Assembly, where Prof. Kithure Kindiki was recently nominated to fill the post.

The impeachment was executed with striking speed. After Gachagua’s impeachment vote, Kindiki’s nomination was promptly endorsed and gazetted by the National Assembly on the same day, Friday, October 18, leading to widespread speculation about the motivations behind the accelerated process. Gachagua, however, has not gone down without a fight, having filed numerous court cases to contest the impeachment proceedings. As of the time of writing, 26 cases have been filed on his behalf.

Gachagua’s Protest Letter to the Judiciary

In the lead-up to Tuesday’s critical ruling, Gachagua has launched a fresh offensive, this time aimed at the Judiciary itself. Through his legal team, led by John Njomo, Gachagua penned a six-page letter to the Deputy Registrar of the High Court, raising concerns about what he perceives as irregularities in how the cases regarding his impeachment have been handled.

In the letter, Gachagua’s lawyers argue that there appears to be a coordinated effort to deny the Deputy President a fair trial. The letter specifically takes issue with the manner in which one of the cases challenging his impeachment was transferred to the three-judge bench of Justices Ogola, Mrima, and Mugambi. According to Gachagua’s legal team, this transfer was carried out without the explicit direction of Chief Justice Martha Koome, who holds jurisdiction over such matters.

Moreover, the letter points to what Gachagua’s team calls a “manipulation” of court schedules to favor the government. According to the letter, the judges initially stated that no open dates were available to hear the petitioners’ cases until October 29. However, when the government brought two new cases to the same bench, hearings were scheduled before the 29th, including a rare sitting on Saturday, October 19. This discrepancy has led Gachagua’s team to accuse the Judiciary of bias and to call for an investigation into these actions.

The Role of the Three-Judge Bench

The three-judge bench that is set to deliver Tuesday’s ruling plays a pivotal role in this legal drama. Judges Ogola, Mrima, and Mugambi were assigned to preside over six cases connected to Gachagua’s impeachment. The upcoming ruling will address two more cases, adding to the legal complexity surrounding the impeachment process.

The formation of a three-judge bench for such cases is not unprecedented in Kenya’s legal system, especially for matters of significant constitutional importance. However, Gachagua’s letter raises serious concerns about the procedural integrity of the process. His team’s accusation that the bench was improperly assigned to these cases without the Chief Justice’s direction is particularly alarming, as it suggests a potential breach of judicial independence.

Constitutional Implications of the Case

This ongoing legal battle over Gachagua’s impeachment is more than just a political struggle; it has far-reaching implications for Kenya’s constitutional order. The Deputy President’s office is a critical component of Kenya’s executive branch, and the process for removing a sitting Deputy President is constitutionally defined.

Under the Kenyan Constitution, the removal of a Deputy President requires both political and legal mechanisms to be properly observed. Any irregularities or perceptions of bias in these processes can undermine public confidence in the country’s institutions. Gachagua’s protest letter, which accuses the Judiciary of partiality and unfair scheduling practices, raises concerns about the integrity of Kenya’s legal system.

Furthermore, the involvement of the Chief Justice or lack thereof, as alleged by Gachagua brings into question the role of the Judiciary in balancing the executive and legislative branches. If the Judiciary is seen to be swayed by political pressures, it could set a dangerous precedent for the future of democratic governance in Kenya.

The Political Fallout

Beyond the legal arguments, the impeachment of Deputy President Gachagua has stirred up significant political tensions in Kenya. The speed with which Professor Kindiki was nominated and gazetted as Gachagua’s replacement has led to speculation about the motives behind the impeachment. Some analysts argue that Gachagua’s impeachment may be part of a larger political realignment within the ruling coalition, while others view it as a power struggle between different factions within the government.

For Gachagua, the stakes are incredibly high. Losing the office of Deputy President would be a significant blow to his political career, particularly as he has been positioning himself as a key figure in the Mount Kenya region’s political landscape. His protest letter to the Judiciary suggests that he is not only fighting to retain his position but also seeking to cast doubt on the legitimacy of the impeachment process.

On the other hand, the government’s ability to push through the nomination of Kindiki as Gachagua’s replacement indicates that political forces are aligned against the Deputy President. If the three-judge bench rules in favor of the government on Tuesday, it could lead to a swift transition in the office of the Deputy President.

Conclusion: A Critical Test for Kenya’s Institutions

As the three-judge bench prepares to deliver its ruling on Tuesday, all eyes will be on Kenya’s Judiciary. This case represents a critical test for the country’s legal and political institutions. If the Judiciary is perceived to be impartial and upholds the rule of law, it could reinforce public confidence in the country’s constitutional processes. However, if Gachagua’s accusations of bias and manipulation gain traction, it could have lasting implications for Kenya’s democracy.

At its core, the battle over Gachagua’s impeachment is about more than just one man’s political survival; it is a test of Kenya’s ability to navigate complex legal and political challenges while maintaining the integrity of its institutions. Tuesday’s ruling will undoubtedly be a pivotal moment in this ongoing saga.