Makueni Senator Dan Maanzo has linked the court’s decision to quash former Deputy President Rigathi Gachagua’s impeachment to concerns over the public participation process and constitutional compliance.

Speaking in an interview with a local television station on Tuesday, June 9, 2026, Maanzo said that the judges cited the lack of a comprehensive public participation law, noting that only about 200,000 Kenyans participated in a process that ultimately affected the entire country.

“One of the things the courts blamed yesterday is the fact that we do not have a public participation law up to now. They cited that we have 55 million Kenyans, and only 200,000 participated, and a decision was made for so many people,” Maanzo said.

He noted that questions remain over what constitutes adequate public participation, arguing that the process relied heavily on a 900-page document compiled from various parts of the country.

According to the senator, the exercise did not effectively cover all the country’s 290 constituencies because some constituencies lacked Members of Parliament at the time following the deaths of legislators, making coordination difficult in those areas.

Maanzo: Judges relied on Wambora case

However, Maanzo maintained that public participation was not the only issue that influenced the court’s decision. He pointed to the precedent set in the impeachment case of former Embu Governor Martin Wambora, arguing that it played a significant role in the outcome.

“What killed this judgement is really not the public participation and many other things they dealt with. What killed this judgement is the Wambora case. So long as you find a little bit of unconstitutionality, the whole matter is quashed,” he stated.

Maanzo argued that once a court identifies a constitutional flaw in an impeachment process, the entire process becomes invalid, regardless of the other arguments presented.

The ruling has renewed debate over the need for Parliament to enact a clear legal framework on public participation to guide future national processes and shield them from constitutional challenges.

Gachagua faults public participation in court

In his prior submissions in previous sessions, former Deputy President Rigathi Gachagua told a three-judge bench that the public participation done by the National Assembly at the Bomas of Kenya was led by the Orange Democratic Movement (ODM).

Appearing before Judges Eric Ogola, Freda Mugambi, and Antony Mrima on Monday, April 27, 2026, Senior Counsel Paul Muite also noted that the said exercise conducted on October 4 and 5, 2026, was not enough.

The bench heard that the exercise conducted at the Bomas by the August House in the impeachment proceedings was not adequate and meaningful, noting a clear violation of the Constitution.

“My lords and lady, the National Assembly’s public participation at the Bomas of Kenya was presided over by selected people led by ODM,” SC Muite submitted.