Kirinyaga Woman Representative Njeri Maina has dismissed claims that the court challenge against Rigathi Gachagua’s impeachment was motivated by money or a desire to return him to office.
Speaking during an interview on Tuesday, 9th June, Njeri said that the case was solely about upholding due process, protecting constitutional principles, and safeguarding the rights of a leader elected by Kenyans.
“It was about due process, protecting the integrity of the Constitution, judicial precedence, the rights of His Excellency Rigathi Gachagua, and obviously the rights of the Kenyans that voted for him, because he was voted for on a joint ticket with the current president,” she said, dismissing what she described as unfair and inaccurate characterizations of the petition’s intent.
On the question of why Gachagua needed to be physically present at the Senate hearing rather than simply represented by his legal team, Maina pointed directly to Article 51(F) of the Constitution.
“It is very clear cut that an accused person has a right to be there in person, not represented by lawyers, during trial. And it is a constitutional right that cannot be derogated,” she said.
She noted that the Senate had been asked for a mere one-day extension to allow Gachagua, who had fallen ill, to attend, a request that was denied despite the Senate’s own self-imposed timelines still being well within reach.
Njeri Maina also explained why the case would be proceeding to the Court of Appeal, saying the current ruling could not be allowed to stand as the final word on how impeachments of a deputy president or president are handled in Kenya.
“It would be an absurdity that this matter would be the finality to be referred to in regard to matters of impeachment of a deputy president or a president in future, because that can happen. It may be suitable to people right now because they are on a different side, but when the shoe turns on the other foot,” she warned.
When asked what would happen if Rigathi Gachagua’s impeachment was overturned, potentially leaving Kenya with two deputy presidents, Njeri Maina acknowledged the constitutional complexity but remained firm that the rule of law and due process must prevail.
“There is no such requirement on courts not to create such a situation,” she said, adding that impeachments have been nullified before, citing the case of former Meru Governor Peter Munya, and that the argument that impeachment is always final is simply not factual.
She was also critical of what she described as selective use of legal precedent.
“They find themselves in a conundrum where they make decisions that suit them when they suit them, but when they do not suit them, they decide they will not refer to certain precedents,” Njeri concluded.
