Professor Makau Mutua has weighed in on the impending impeachment of Deputy President Rigathi Gachagua.
In a statement shared via his official X account, Mutua noted that the courts have no role in the DP’s impeachment.
H explained that the impending impeachment is a political question for the parties involved to solve thus the judiciary must keep off.
“The courts have no role whatsoever —none — in the impending impeachment of Deputy President Rigathi Gachagua This is a political question for the political branches to settle. The judiciary must keep off, and not meddle!” he said.
This comes hours after the High Court declined to issue orders to stop the National Assembly from processing the DP’s impeachment motion.
Former senator Cleophas Malala had filed a petition to stop the tabling and debate of the impeachment motion.
In his ruling, Justice Bahati Mwamuye certified the matter as urgent and asked Malala to serve the National Assembly, the Senate and other interest parties by September 30, and gave the responders until October 3 to file their responses and the petitioner until October 4, before the case is brought for mention on October 7.
“Before this Court is the Certificate of Urgency dated 30/09/2024, signed by Counsel Peter Mwenda Njagi, the Chamber Summons dated 30/09/2024, and the Supporting Affidavit of the Petitioner/Applicant, Cleophas Wakhungu Malalah, dated 30/09/2024; all of which were filed alongside a Petition dated 30/09/2024,” Justice Bahati ruled.
In his petition, Malala contended that the motion should be stopped, citing the National Assembly and the Senate’s unconstitutionality for failing to achieve women’s representation standards outlined in the constitution.
“The basis advanced by the Petitioner/Applicant is that the 1st and 2nd Respondents, the National Assembly and the Senate respectively, are allegedly unconstitutional in terms of their composition due to an alleged failure by the Respondents, jointly and severally, to meet the constitutional requirements regarding the ‘no more than two-thirds gender rule’ set out under Article 27(8) and Article 81(b) of the Constitution,” Malala said.
The impeachment motion against the DP is set to be tabled in parliament tomorrow, Tuesday, October 1, 2024.
