Former Deputy President Rigathi Gachagua has 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).

In his submission before Judges Eric Ogola, Freda Mugambi, and Antony Mrima on Monday, April 27, 2026, Senior Counsel Paul Muite has 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.

“There was no effective public participation according to the constitution, and you will find what I am saying in the exhibit before this court, my lords,” Muite added.

Senior Counsel Muite further noted that the entire impeachment process was conducted with lightning speed as if there was a predetermined result by the National Assembly and the Senate.

Notably, he noted the Senate erred in the impeachment process, stating that it bypassed the committee of the Senate.

He said that the ex-DP was denied an opportunity before a smaller committee to fully present his evidence, be represented and be heard.

In addition, he argued that the National Assembly was allocated three hours, yet the person who was being impeached was the deputy president, not the National Assembly.

“My lords, all this and many more are evidence of clear bias on the fact that the national assembly,” Muite told the bench.

In his submissions, Senior Counsel Tom Macharia noted that Gachagua is accused of intentionally inciting people and creating hatred by using the word “Mount Kenya”.

However, Machari stated that from the geography he has learnt that Mount Kenya is a mountain in the middle of Kenya, from which the country got its name.

Macharia further raised the concern about why the impeachment process was rushed, stating that the Senate worked with ungodly speed to impeach Gachagua.

Notably, he noted that his replacement was also very fast, in less than 24 hours, yet the Constitution allows 74 days within which this decision can be made.