In Kenya's impeachment proceedings, constitutional timelines (Article 145) only begin after a resolution is passed, meaning public participation provisions under Articles 10 and 118 should not be restricted by the 7-day impeachment timeline; this legal challenge highlights how procedural timelines can potentially undermine democratic participation rights.
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Case challenging the legality of Gachagua's impeachment underway at Milimani Law Courts本站添加:
the former deputy president, Rigathi Gachagua. His case challenging the legality of his impeachment is ongoing.
The hearing is continuing today and tomorrow. Let's just listen in to those proceedings from Milimani Law Courts.
And in regard to that, they will point to standing order 64(2) showing that standing order 64(2) requires just 7 days and the exercise must be completed in 7 days, the whole impeachment exercise. And that is the reason they provide for using just 2 days for public participation.
But my lords, when you look at article 145 on timelines, you will note that the timeline there is no restriction at all on public participation. On the time between the motion being moved and a resolution being passed.
The time between a motion being moved and a resolution being passed, no time is limited.
Limitation starts from when the resolution has been passed.
That is the only time constitutional timelines kick in.
So, the reasons provided for limiting impeachment to 7 days and therefore curtailing the provision the provisions of article 10 and article 1 118 do not exist in regard to public participation.
My lords, as I had previously stated, the second advertisement was put out on uh 3rd of October, 2024.
That Gazette notice made one change.
It changed the venue for all the Kenyans participating in Nairobi from KICC to Bomas of Kenya.
My lord, so what now has happened is that all the residents of Nairobi, based on a advertisement placed on 3rd for public participation on 4th to happen at Bomas of Kenya, have only 1 day.
2 days, my lord and my lady, was already limited.
Now we have an advertisement of a different of a different venue.
1 day.
If 2 days was bad, 1 day is terrible.
Then, my lords, on the same day, the day scheduled for public participation, a Gazette and another advertisement was issued.
This time, 20 counties, 20 constituencies, pardon me, 20 constituencies had their venues changed.
These were constituencies in um Bungoma, constituencies in Nakuru, and constituencies in uh Meru.
20 constituencies being advertised and being the citizens being told, you will undertake public participation today and these are the venues.
These are people traveling from all corners of these constituencies now being shifted and told public participation is today.
You have one day notice.
No, this time around you have zero day notice. Public participation is today.
Two days was already bad enough.
One day was terrible.
Zero day notice was horrible.
In regards, my lords, to the orders issued by Justice for public participation as a second stage.
My lords, the orders of the learned judge are very clear.
He stated that he would allow public participation to continue on 4th of October as the first Those are proceedings from Milimani Law Courts where legal teams are are making their submissions.
Um that will continue all day today and tomorrow during the hearing of the um DP or the former Deputy President Rigathi Gachagua's impeachment case where he's challenging the legality of that particular process.
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