Appearing before a three-judge bench of Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi, the lawyers argued that the entire impeachment process was flawed and unconstitutional from the beginning.
Lawyer Tom Macharia further accused the Senate of handling the impeachment with ungodly speed,saying the process was rushed without giving Gachagua adequate time to prepare and defend himself against the charges.
On the issue of his replacement, Gachagua’s legal team told the court that the Constitution provides up to 74days for the replacement of a Deputy President, but in this case they argue , the process was allegedly conducted hurriedly at night, raising questions about legality and transparency.
The lawyers also claimed that both the Speaker of the Senate and the Speaker of the National Assembly were conflicted because they had allegedly supported the impeachment grounds and therefore could not sit in judgment on a matter in which they were interested parties.
They further argued that Gachagua’s replacement had been involved in prior political agreements and was a witness to documents signed by the President, making the process appear pre-planned and unfair.
The petition seeks declarations that the impeachment process violated the Constitution and due process, as well as compensation for the former Deputy President.
