Professor Makau Mutua has expressed his views on the impending impeachment of Deputy President Rigathi Gachagua, asserting that the judiciary should not intervene in the matter. In a statement shared via his official X account, Mutua argued that the impeachment process is a political issue, and the courts have no jurisdiction in such cases.
“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!” Mutua stated.
His comments follow a decision by the High Court to decline issuing orders to halt 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 motion. In response, Justice Bahati Mwamuye certified the case as urgent, directing Malala to serve the National Assembly, Senate, and other interested parties by September 30. The respondents have until October 3 to file their responses, while Malala has until October 4 to respond before the matter is mentioned in court on October 7.
In his petition, Malala argued that the motion should be stopped due to the alleged unconstitutionality of the National Assembly and Senate’s composition, specifically regarding the failure to meet the gender representation standards outlined in the Constitution under Article 27(8) and Article 81(b).
The impeachment motion against Gachagua is scheduled to be tabled in parliament on Tuesday, October 1, 2024.
