The High Court has declined to stop public participation in the impeachment of Deputy President Rigathi Gachagua, which is set for Friday, October 4, 2024, across the 290 constituencies countrywide.
Justice Bahati Mwamuye directed applicants to serve respondents ahead of the mention next week on Wednesday.
“The Application dated 02/10/2024 shall be mentioned on 09/10/2024 virtually to confirm compliance and to take directions on the expedited hearing and determination of the matter.”
“The Court may on that day issue such interim conservatory orders or further directions as shall be deemed just, fit, and proper to issue pending the hearing and determination of the matter,” read the court papers.
This is after Gachagua filed an urgent application in court seeking orders to stop the exercise due to a lack of legislative procedure.
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In the Petition dated October 3, Gachagua seeks orders from the court to bar the respondents (Speaker of the National Assembly and 3 others) from carrying out the exercise and declare they have contravened and threatened provisions of the constitution.
The Petitioner also argued that the respondents have not implemented adequate legislative procedures and fair administrative measures for effective public participation.
“An application under certificate of urgency seeking orders suspending the public participation I respect of the motion dated 26th September 2024 before the National Assembly scheduled to be conducted by 2nd correspondent on 4th October 2024 until the 2nd respondents puts measures in place to conduct public participation exercise pending hearing of the petition,” read the court papers.
The exercise will allow Kenyans to make submissions on the special motion sponsored by Kibwezi West MP Mwengi Mutuse at designated centers within the constituency.
“The public participation process additionally contemplates collection of views from the constituency centers. The clerks will help in the compilation at the designated centers across all the constituencies,” National Assembly Speaker Moses Wetangula directed on Wednesday.
