High Court Judge Lawrence Mugambi has referred the case challenging impeachment of Deputy President Rigathi Gachagua to Chief Justice Martha Koome for the formation of a 3-7 judge bench to hear the matter.
In his ruling, Justice Mugambi acknowledged the need for thorough examination of the legal and constitutional implications of the impeachment process.
“These petitions raise weighty constitutional questions hence I am persuaded to refer them to the Chief Justice for empanelment of a bench,” Justice Mugambi ruled.
The judge also noted the absence of a clear framework to authenticate public participation in the impeachment process, considering the public interest the matter has generated.
Petitioners in the case have raised concerns about how public participation was conducted, citing a lack of substantive legislation on the procedure and questioning whether Parliament should play an active role.
The responsibility now lies with the Chief Justice to determine the number of judges who will preside over the case.
