Deputy President Rigathi Gachagua has been sued over for his remarks terming High Court Judge Esther Maina as corrupt.

In a petition filed before Milimani High Court, Kenya Human Rights Commission (KHRC) and Muslim for Human Rights (MUHURI) are seeking orders to compel Gachagua to formally withdraw and apologise for the utterances.

“We seek an order be issued that Deputy president Rigathi Gachagua published in two newspapers with national circulation – a retraction and apologies on the injurious statements alleging corruption against Lady Justice Esther Maina, within 14 days of the court’s judgement and files proof hereto with the court,” the two human rights groups seeks.

They contend that the Deputy President’s proposed measures against the judge have brought the judiciary into mockery and shame.

The petitioners state that Gachagua made unfounded remarks during his public addresses on January, 14 2024 at the Interdenominational Church worship meeting at Iten town, Elgeyo Marekwet county where he called out and dressed down High Court Judge Lady Justice Esther Maina terming her “corrupt.”

“Having made the alarming, defamatory and unfounded rumours against the learned Judge in a public forum that she as a reputable judicial officer could not employ and or enjoy a platform and or opportunity to defend herself against the allegations levelled against her, Gachagua also failed to present the Petition at the Supreme Court on January 18, 2024 at 02:15 pm,” the lobby groups states.

Expressed dissatisfaction

KHRC says that Gachagua’s personal attack at Justice Maina stems from her decision demanding he forfeits his Sh200 million wealth. “The Deputy President publicly expressed his dissatisfaction with the outcome of the matter, however failed to elaborate if he had expressed his constitutional mandate to review or appeal the said decision,” states the commission.

The petitioners argue that Gachagua sensationally made these assertions of misconduct and corruption against Justice Maina without the intention to petition the Judicial Service Commission, and as a scheme to apply political pressure against the Judiciary and in order to undermine the standing of the Judge and the entire Judiciary as an independent arm of Government.

“It is the petitioners’ case that the assertions by Gachagua were sensational, unfounded and made in bad light with the sole aim of inciting the public against the Judiciary and undermining the separation of powers between the different arms of the Government and arm-twisting the independence and authority of the Judiciary,” The two human rights group states.

According to the human rights organisations, if the impugned conduct goes unabated by the court, there is a significant risk of constitutional disorder, leading to a loss of public trust in the Judiciary

“Unless the court restrains the deputy president Gachagua from defaming and undermining the Judiciary’s Independence and authority, he shall continue to incite his juniors and the public to disregard the Judiciary’s Constitutional Independence and authority Including the obedience of the rule of law and court orders,” they say.

KHRC and MuhuriI have also taken issue with Gachagua’s move to attack the Judiciary and its judicial officers and decisions of law courts that majorly affected the Kenya Kwanza key projects during a public gathering on January 11,2024.

“Deputy President of the Republic of Kenya, publicly unfounded remarks consisted of inappropriate statements that are capable of causing a Constitutional anarchy, “ states the petitioners.

The two human rights groups stated that Gachagua made the unsubstantiated statements following various litigations ongoing in court touching on government policies that had suffered delay due to pending cases in the Judiciary as the case on establish Social Healthcare Insurance Fund and the Affordable Housing program which was halted by the courts.

“The said remarks included allegations and rumours on corruption and misconduct of judicial officers and members of the Judiciary while exercising their Constitutional duties and/or obligations and a direct attack against a judge who had executed and performed her Constitutional duties in good faith,” they argue.

The petitioners now also want the court to declare that Gachagua’s sentiments and conduct to term judges as corrupt without any evidence is a violation of Article 75 of the constitution.

“We seek a declaration that the Deputy President’s utterances being unsubstantiated claims of corruption, constitute a threat to the persona of Justice Maina,” the petition reads.

Additionally, the petitioners ask the court to declare that the Deputy President’s words and actions detract from the dignity of the position. “A declaration that the public utterances and conduct of Gachagua in early January are a violation of the independence of the judiciary,” they argue.

In January, Gachagua had committed to oust Justice Maina, whom he alleged had declared his wealth from illicit activities in a manner that tarnished his reputation.