Nyeri: Residents of Nyeri have expressed divergent opinions following the High Court ruling that upheld former Deputy President Rigathi Gachagua’s impeachment by Parliament. While some have faulted the ruling, terming it a miscarriage of justice, others say the judgment was quite fair.
According to Kenya News Agency, Gachagua’s political career was thrown into a spin on Monday after a three-judge bench comprising Justices Fridah Mugambi, Eric Ogolla, and Anthony Murima ruled the former DP was hounded out of office within the confines of the law. Although judges noted that the Senate had breached his basic rights under Articles 45 and 50 of the Constitution after failing to halt proceedings when he suddenly became ill, they held that his absence did not invalidate the impeachment process.
Charles Wambugu Mathenge, a resident of Nyeri, strongly disagrees with the court’s verdict, arguing that the circumstances under which the impeachment process was undertaken disadvantaged Gachagua. Mathenge argues that the mere fact that the Senate ignored Gachagua’s health concerns was sufficient to rule the case in the latter’s favor. Beyond the legal aspects of the case, Mathenge credited Gachagua with spearheading efforts to combat drug and alcohol abuse, particularly in the Mount Kenya region.
Julius Mwenda, a cobbler operating in Nyeri Town, also questioned the timing of the Senate proceedings. He stated that the court should have postponed the case until Gachagua had recovered fully from his illness to stand trial. However, Mwenda is less optimistic about the prospects of the former DP redeeming himself politically, even if he decides to proceed to the Appellate court.
On her part, Joy Wamaitha, a boutique operator in Nyeri Town, argues that Gachagua’s impeachment followed all legal procedures in both Houses of Parliament, besides being subjected to a public participation exercise. According to Wamaitha, political, not legal differences, may have contributed to the eventual downfall of the second most powerful man in the country. She maintains that the court’s ruling ought to be respected, even if the process appeared to have been fast-tracked.
Businessman Charles Ndegwa highlighted a potential contradiction in the court ruling, noting that the judges directed the Senate to pay Gachagua Sh50 million as damages for violation of his rights while also declaring the impeachment lawful. Ndegwa believes the outcome of an appeal will depend on the independence of the judicial process.
Alice Wangui expressed misgivings with the verdict and advised Gachagua to seek redress through the Court of Appeal. She criticized the length of time it took for the matter to be determined, arguing that delays in the justice system often create uncertainty for litigants and the public.
Governor Mutahi Kahiga, among high-profile personalities in Nyeri who reacted to the ruling, termed the judgment a miscarriage of justice. He advised Rigathi to take the challenge boldly and move to the Appellate court for a retrial of the case.
In the event Gachagua fails to make a political comeback through the courts, he will become the second most powerful official in Government after the late Dr. Josephat Karanja to fall from power. Dr. Karanja tendered his resignation as Vice President in 1989 after being accused of plotting to overthrow retired President Daniel Moi’s government.
