Gachagua Lawyer Njeri Maina Alleges Constitutional Violations in Former DP’s Impeachment Case
Appearing before a three-judge bench, Maina argued that Parliament failed to uphold constitutional standards during the impeachment proceedings, insisting that the process lacked transparency, fairness, and meaningful public participation.
The high-profile case has now reignited debate over the legality of the impeachment process and the extent to which Parliament can exercise its powers while remaining within constitutional limits.
Lawyer Questions Integrity of Public Participation Process
During the hearing, Maina accused the National Assembly of conducting what she termed a “predetermined” public participation exercise designed to produce a specific political outcome.
“There was systematic exclusion in various constituencies. Some of the offices remained closed. This was not accidental. It was intentional, it was planned, and it vitiated the adequacy of the process and its outcome,” Maina submitted before the court.
According to the lawyer, the process failed to satisfy the constitutional principles outlined under Articles 10 and 118 of the Constitution, which require openness, inclusivity, accountability, and citizen involvement in parliamentary proceedings.
Maina told the judges that several Kenyans who wished to participate were unable to do so because some designated parliamentary offices allegedly remained inaccessible during the exercise.
She further argued that no proper civic education had been conducted to help citizens understand the impeachment motion, its implications, or the process of submitting views.
Questions Raised Over Gazette Notice Timing
A major point of contention in the case centered on the timing of the gazette notice issued by Parliament.
Maina argued that the notice informing the public about participation opportunities was published on October 5, 2024 — the very same day the exercise was carried out.
“I submit that a public gazette was issued on the 5th of October 2024, and subsequently on the same day, public participation was undertaken,” she told the court.
She maintained that such timelines denied citizens adequate notice and sufficient time to prepare or submit informed opinions on a matter of national importance.
According to the defence team, the rushed process undermined constitutional safeguards intended to protect democratic participation in parliamentary proceedings.
Standing Orders Cannot Override Constitution, Court Told
Maina also challenged Parliament’s use of Standing Order 64(2) to shorten procedural timelines during the impeachment process.
The lawyer insisted that parliamentary standing orders cannot supersede constitutional requirements, particularly where fundamental democratic rights are involved.
“Blatant disobedience of court orders must be rendered null and void. This must result in an outcome that cannot stand in a constitutional democracy governed by the rule of law,” she argued.
She further referenced the famous legal precedent in the case of MacFoy versus United Africa Company Limited, quoting Lord Denning’s principle that actions arising from an unlawful process cannot be allowed to stand.
Case Rekindles National Political Debate
The impeachment of Gachagua remains one of the most politically charged events in recent Kenyan history, attracting sharp divisions across the political landscape.
Supporters of the former Deputy President have consistently argued that the process was politically motivated, while opponents maintain that Parliament acted within its constitutional mandate.
The ongoing court proceedings are now expected to shape future interpretations of impeachment procedures, public participation standards, and the balance of power between Parliament and the Judiciary.
Legal analysts say the judgment could establish a major constitutional precedent ahead of future political disputes involving senior state officers.
As the hearings continue, attention remains fixed on the three-judge bench, whose eventual ruling could significantly influence Kenya’s political and constitutional landscape ahead of the 2027 General Election.
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Gachagua Lawyer Njeri Maina Alleges Constitutional Violations in Former DP’s Impeachment Case
