Deputy President Rigathi Gachagua has been accused of “forum shopping” in his attempts to secure court orders that would block the Senate from proceeding with his impeachment. During a mention of the case on Monday, lawyer Paul Nyamodi, representing the respondents, pointed out that there are other similar cases pending before the court, also filed by the Deputy President.
However, Gachagua’s lawyer, Paul Muite, countered the accusation, arguing that the current petition arose after the National Assembly passed the resolution to the Senate, and therefore the impeachment process occurs in two distinct phases. Muite asserted that it was unjust to accuse the DP of seeking favorable courts through forum shopping.
Meanwhile, the respondents in the case, including Senate Speaker Amason Kingi and the Senate itself, have urged the court to first address the issue of jurisdiction before delving into the matter. They argue that the court lacks jurisdiction to hear and decide on the case brought by Gachagua.
Muite defended the Deputy President, claiming that his constitutional rights have been violated and that only the court can protect him from the impeachment process. In an application filed under a certificate of urgency, Gachagua outlines at least 10 grounds on which he believes the impeachment process is flawed.
He contends that the charges, backed by 282 MPs in the National Assembly, are based on unsupported allegations, hearsay, and outright fabrications.
