Public participation on the impeachment process against Deputy President Rigathi Gachagua commenced on Friday morning across all 47 counties despite a court order that directed the National Assembly to conduct the exercise at the Sub-County level.
On October 2, Kirinyaga Woman Representative Jane Maina filed a petition at the High Court in Kerugoya challenging the adequacy and the effectiveness of public participation which began today. In her petition, the lawmaker argued that the ongoing debate on the deputy president’s impeachment was a matter of national concern that required full public engagement.
In the matter filed on behalf of Jane Njeri Maina by Muge Law Advocates, the legislator urged the court to compel the Speaker of the National Assembly Moses Wetangula to direct public participation to be conducted at Sub-County levels against the initial directive that it be done at the County level.
A day later, the court granted the Member of Parliament’s prayer and issued an order compelling the National Assembly to conduct a second round of public participation at the constituency level to cover a wider scope of participants.
Kirinyaga Woman Rep Njeri Maina addressing a gathering in Kiambu, September 2024.
Photo
Njeri Maina
The court deemed the public participation currently being undertaken at the county level insufficient, thereby ordering an expanded public participation exercise to allow all Kenyans to express their opinion on the special motion.
“To be clear, the consequence of the orders of the Honourable Court is that the ongoing impeachment process cannot proceed until a proper public participation exercise led by each Member of Parliament in their respective constituencies is undertaken,” the woman representative commented after the court order.
“Members of Parliament must understand that the impeachment of an elected Deputy President is a grave matter and the ultimate say must come from the people who elected him. A boardroom signature is therefore insufficient and must be explained to and approved by the citizens of Kenya,” she added.
However, Njeri’s attempt to challenge the National Assembly’s decision on how to conduct the public engagement hit the rocks as the latter proceeded to undertake the exercise at county levels across the country. Despite the exercise commencing in most centres, it has since been marred by challenges and hiccups.
For instance in Nyeri, Murang’a, Nakuru and Kiambu counties, residents took to the streets to protest against the government’s decision to conduct the exercise in paperwork. The locals instead, demanded that public participation be done using digital means.
Nyeri and Kiambu residents protested against the attempt to kick out Gachagua claiming that he was elected alongside President Ruto and hence dismissing one would require the other to step aside as well.
On October 1, Speaker Wetangula issued directives on how public participation should be conducted. The speaker in his speech, noted that the move was in line with Article 182 of the Constitution which mandated Parliamentary facilitation of citizen engagement in such a motion.
“In consideration of the special motion and the modalities of such an exercise, it would be absurd for any person to imagine that such a motion would be concluded without the participation,” Wetangula stated. “Article 182 of the Constitution categorically enjoins Parliament to facilitate public participation and involvement in the legislative and other businesses in Parliament and its committees,” the Speaker added.
National Assembly Speaker and the chairperson of the Committee on Appointments, Moses Wetangula with his Deputy Speaker Gladys Boss Shollei, August 2024.
Photo
NA
