Gachagua’s legal team, on Thursday, posited that he was ousted from office on unconstitutional grounds and that the court should consider granting him his demands.
The team demand a declaration that the impeachment conducted violated Article 118, 145, 47, 50 and 10 of the Constitution and that the modalities of public participation held on October 4 and 5, 2024, were below the threshold of proper and meaningful public participation as required by the Constitution.
They also want a declaration that the Senate failed on the aforementioned public participation and that the impeachment process fell below the required threshold, therefore unconstitutional.
They also want the court to declare that the appointment of a select committee by the Senate is mandatory in the impeachment process of the President and Deputy President, and that the impeachment proceedings outside the select committee were unconstitutional.
“Standing order 64 (2) should be declared constitutional since it provided timelines not compatible with constitutional requirements,” a lawyer said.
They also demanded the quashing of the National Assembly resolution of October 8, 2024 and a similar quashing of the Senate resolution of October 17, 2024.
Lastly, they want compensation for remuneration, damages, and loss arising from what he terms as an unlawful and procedurally flawed removal from office to be remitted.
The matter was presented before a three-judge bench comprising Justices Erick Ogolla, Anthony Mrima, and Freda Mugambi, who are expected to issue directions on several pending applications and hear arguments on the substantive petition.
Gachagua became the first deputy president of Kenya to be impeached in October 2024 and has since alleged that bribes were solicited in the National Assembly and the Senate to support his removal.
