GACHAGUA IMPEACHMENT: Court Issues New Orders On Further Public Participation Process
The High Court has ordered Parliament to hold a second round of public participation, allowing Kenyans at all levels to express their views on the impeachment motion against Deputy President Rigathi Gachagua.
In a ruling issued on Thursday, Justice Richard Mwongo of the Kerugoya Law Courts determined that the public participation stage must include all Kenyans’ perspectives and should not be treated as a formality.
He explained that every public participation process must be easy to understand, have simple structures, allow for balanced public input, and be inclusive and transparent.
The judge also stated that the public must be adequately informed about the process and subject beforehand.
The High Court sitting in Kerugoya has directed the National Assembly to organize another public participation exercise in every constituency touching on Deputy President Rigathi Gachagua’s impeachment.
— TheStarKenya (@TheStarKenya) October 4, 2024
This followed a petition filed by Kirinyaga Woman Representative Jane Njeri… pic.twitter.com/xDomDJoY7h
He directed that the public participation, which began on Friday, October 4, would proceed as planned and be referred to as the first stage.
However, the judge ordered that another round of public participation be held at the constituency level so that all Kenyans could express their opinions.
“The Parliament shall organise similar public hearings closer to the citizens at least at the constituency level on each constituency in Kenya to enable the constituents of Members of Parliament responsible for the impeachment process nationally to engage level can participate and offer their representations,” the ruling read in part.
The orders come after Kirinyaga Women Representative Njeri Maina filed a petition questioning the effectiveness of the public participation exercise set for Friday.
In her petition, she claimed that the notice period for the public hearing was insufficient, as the notice was published in local dailies on October 2, 2024, two days before the deadline.
She stated that this was insufficient for the public to be aware and sensitized about the process.
She also pointed out that the government had not specified the exact website where the template form could be downloaded, indicating that many people would be excluded from the process.
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Furthermore, she argued that the government assumed that all Kenyans had internet access in order to access the template.
“The supposed template purports to limit or ring-fence the responses to the Special Motion and does not allow for submission of reasons in support or opposition to the Special Motion only providing insufficient check boxes,” the petition reads in part.
“The supposed template is crafted in a manner to only solicit positive responses in support of the Special Motion.”
Given the implications of the DP’s impeachment process, the lawmaker argued that all Kenyans’ perspectives should be considered.
GACHAGUA IMPEACHMENT: Court Issues New Orders On Further Public Participation Process
