When a court determines that a constitutional process (such as impeachment) violated fundamental rights like the right to fair hearing under Article 50 of the Kenyan Constitution, the entire process should be declared null and void. A court cannot logically find that a process violated constitutional rights while simultaneously upholding the outcome of that same process, as this creates a fundamental contradiction that undermines the rule of law and constitutional supremacy.
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LIVE! GACHAGUA BREAKS SILENCE AFTER COURT UPHOLDS IMPEACHMENT, SENDS POWERFUL MESSAGE TO GEN ZAdded:
Sad day for those whom have undergone this in the past and those who face the same in future. We shall proceed to file an appeal at the court of appeal on the decision and hope that justice shall prevail. The framers of the constitution provided for an appalate and supreme court. We believe we shall fight to get justice one day. Dear great people of Kenya, [clears throat] just like the millions of you, I'm shocked by the 350 page decision of the three judge bench of the High Court of Kenya pronouncing itself and holding that my right to fair hearing and article 50 of the constitution was violated and then ironically purporting to uphold the impeachment.
It is lost on all of us how the actions and decisions of parliament categorically determined by the three judge bench as unconstitutional and a product of an unfair process can then be deemed valid by the same bench.
Those contradictions are an abuse to the intelligence or the people of Kenya who are following the process at the judgment many hours on. The fundamental right to fair hearing guaranteed at under article 50 of the constitution determined to have been violated is amongst a set of conitional provisions protective of every Kenyan facing any accusition. Article 25 of our constitution provide provides rights that are nonderogable.
They cannot be limited under any circumstances. At the core is a provision to fair trial. The right to fair hearing bound by article 50. And in regard to the process, article 47 demands fair process requiring mandatory fair hearing. We strongly observe that the impeachment process was found 40 by the three judge bench for failure to respect my right to fair hearing in the violation of article 25, 47, and 50 of the constitution. Once that determination was made, the entire process collapsed and was null and void.
There was no impeachment. There was a constitutional coup and abuse to the people of independent Kenya. The three judge bench was obligated by operation of the law on determination or violation of the constitution to set aside the impeachment. The decision by the bench to then purport to uphold the impeachment in the face of his decision or violation of the constitution is in itself a violation and derogation of his responsibility under article 165.
Decisions made in violation of the constitutions are null and void. Lord Denning in Makfoy declared that if an act is void then it is in law anality.
It is not only bad but incredibly bad.
You cannot put something on nothing and expect it to stay there. It will collapse. How then would a three judge bench argue argued that the nonderogable right to fair trial was violation in the impeachment process. Then they turned around and tell the Kenyan people that regardless the impeachment was valid.
What a paradox. Dear Kenyans, we recall that on 31st October 2024 while setting aside conservatory orders issued by the high court. This very bench gave an undertaking in open court that there did not exist any violation without remedy or outside the reach of the court. They further argued that in the event and as a as a consequence of setting aside the protective conservatory orders, they determined that if the impeachment process was unconstitutional, they would reverse any actions and decisions taken pursuant to the impeachment. The attorney general gave the same undertaking through council professor gumi emmeritus. Two weeks ago, the honorable justice of the proceding judge categorically stated that the petitioners could not restrain it on the remedies on finding of the unconstitutionality of the impeachment including the possible statement as a deputy president. Further on seeking of conservatory orders initially the high court insisted that petitioner should allow the parliamentary process to complete since any decision would be amendable to judicial review. It is then astonishing that in this judgment after pronouncing itself and determine determining that the impeachment process violated my right to fair hearing, the three judge bench purported to hold that the impeachment was nevertheless valid and permanent. In yet another paradoxical determination, the bench decided that the Senate failed to follow expected constitutional impeachment process by refusing to use a required select committee. The Senate instead moved directly to plenary then for no determined reason in a single sentence claimed to be bowed by the Supreme Court decision in Sonko case which was in regard to impeachment of a governor and which decision the bench went on to distinguish. This was exceptionally incomprehensible.
Dear Kenyans, in this regard, earlier today I held a consultative engagement with my legal team led by senior council Paul Kibugu and we have clearly analyzed the judgment and I have instructed them to challenge this judgment at the court of appeal. For avoidance of doubts, I move to the high court to fight for my rights and those of Kenyans who participated in the 2022 general elections that have been violated. My prayer was to seek the cushing of an illegal process of impeachment. It is only after the determination of illegality as has already happened and setting aside of the impeachment as should have happened we were to consider asking for damages for constitutional violations.
The 50 million Kenya shillings awarded to me is an insult to my fundamental rights and freedoms and a mockery of the constitution. We are not interested.
Money was never the issue here. Justice and constitutional supremacy was. I am one Kenyan leader who will not and cannot be swayed by promises of money to allow violation of the constitution. I stand as a matter of principle to protect constitutional rights and defend the constitution. This is a note that I saw and Kenyans know me for that. If I was interested in money, Mr. William R had offered me 2 billion Kenya shillings in an effort to entice me avoid impeachment and choose resignation but I stood for my rights and that of over 7 million Kenyans who voted for me. I rejected this offer and face the National Assembly. This is in public domain. No offer, no amount of money can stand between me, my rights and the rights of the citizens of Kenya under the constitution. So if I could reject 2 billion, offering me 50 million is a serious joke.
And um a retired principal called me last night listening to the judgment that my rights were violated.
But if the impeachment is vacated, there will be a positional crisis because there will be two deputy presidents.
And this lady who has gone to school summarized the whole argument in a very simple manner.
She told me it was like a man who wants to text your wife and organizes with the police to prefer false charges against you, connives with the magistrate to have you imprisoned so that he can take your wife and then you are imprisoned without undergoing fair trial.
While serving your sentence, you move to the high court to challenge the imprisonment and the judge of the high court comes to the conclusion that the imprisonment was unfair. It was wrong because he was not given fair hearing.
Then the judges the judge goes to pronounce that he is unable to release a prisoner because in his absence his wife was b married buried by another man [laughter] and if he releases that man to go back home there will be a crisis in the village because there'll be two husbands and then he tells a prisoner let me look for some little money to give you continue staying in prison.
so that the men who took your wife can continue enjoying in your matrimonial home. [laughter] Uh fellow Kenyans, my supporters and Kenyans from across the country have reached out to me. They are enraged, bitter and apprehensive about the false narratives being spread by the state that I'm ineligible to to run for office as president of the Republic of Kenya. This is a desperate and false propaganda by those terrified of my cadature.
William Rutus regarding Gashagu is a man who said him and those around him are terrified of my cadature.
That is why we had this very very embarrassing judgment yesterday of finding that my right to fair trial was violated but then the impeachment cannot be lifted.
This is a desperate and forced propaganda by those terrified of my candidature. Article 99 sub article 3 of our constitution provides in clear and ambiguous terms that no reason no person shall be barred from vying as a candidate in any election unless and until all avenues of appeal are exhausted. This erroneous judgment of the bench previously determined by the court of appeal have been unfully empanled has taken nearly 2 years and that was just the initial stage of the appellet process. I will be victed by the court of appeal hopefully once again with a further protection at the Supreme Court still in my hand. I wish I wish to confirm to my supporters across the country that I'm eligible to v as a presidential candidate and I'll be on the ballot on the 10th of August 2027 should the formula that will be agreed upon by the United Alternative Government favor me as a single presidential candidate when I wased out of office in October 2024.
I retreated to my village in Woro and held consultative engagements with the people of Kenya for four months including men, women, millennials, jenzies, the clergy, lay Christians, professionals, business comm community, business people, retired civil servants and opinion leaders and after exhaustive consultations for 4 months talking to more than 15,000 people, I was instructed to form a political party solidify Mount Kenya a political base >> and look for friends across the country.
This I've successfully done. The mountain is united to a man and we now have arguably arguably the most popular political party in the country DCP. My support base is consolidated in totality and I have looked for friends across the country. My supporters have now instructed me urgently to embark on the implementation of our joint strategic stance from the residents for a period of 45 days after a tour of western Kenya where I want to go and support my deputy party leader Cleo Malala and Eugene Walawa over the weekend from Monday I'll come in village for 45 days to start exhaustive and extensive consultations with my supporters and opinion leaders and stakeholders on the formula of identifying a single presidential candidate to face President William R.
Following the high court ruling, my 60 member caucus of elders and professionals including the cl and the youth who advised me on political, social and economic issues on a daily basis held a virtual meeting last night following the judgment that was released by the three judges.
And now they have instructed me as follows.
That the work of political mobilization to remove President William R from office is complete and there is no need for further political mobilization.
They have now tked me to engage of what in their view is of utmost priority.
the identification of a single presidential candidate to face President William R.
They have asked me to move to Amonuro and meet stakeholders, opinion leaders and all the people who matter in our political formation to seek their mandate and authority to initiate negotiations with my core principles with a view of identifying a single presidential candidate.
They have instructed me that having a single presidential candidate against President William R is not negotiable and is the only way to liberate this country and they have asked me to stick to that commitment.
And I therefore want to assure the people of Kenya that regarding Gashagua on instructions from his supporters who are in millions nearly 10 million people who will lead from the front to identify a single presidential candidate to face President William R. From our corner we have two plans plan A and B that we shall discuss with the stakeholders for 45 days. You will not see me anywhere in public rarities. Albino doing very very serious extensive consultations because this is critical for the country is extremely critical for the country. We have two plans. Plan A is to mobilize support from across the country in the event that my colleagues and the formula we shall agree on favor me as a presidential flag bearer.
Plan B.
In the event that the formula does not favor me as a single presidential candidate to get mandate from my supporters to jointly with the other core principles identify a single presidential flag bearer to face President William Rut. I want to reiterate and firmly state to the people of Kenya that I remain committed to work with my colleagues in the United Alternative Government towards the course of a single presidential flag bearer. I remain hopeful that I will be that candidate for the election of the presidency. I have the capacity and the muscle. I have the infrastructure and the presidential experience. I have the necessary networks and great mobilization capacity numbers behind me and a very good strategy for the presidential campaign. However, if any of my other colleagues is agreed upon, I give a very firm commitment to the people of Kenya that I regarding Gashagua and 10 million supporters behind me. We shall l behind the agreed candidate for a man and at Ishagua who will lead the presidential campaign and I will lead in the political mobilization that has never been seen in the history of independent Kenya to make William R a one-term president and restore the Kenyan nation and save the Kenyan nation from corruption, conflict of interest, state capture, erosion of democracy, extrajudicial killings, want on sale of public assets and the embarrassment that our country has faced for meddling in our foreign policy. I want to say we must get back our nation. I want to say that Kenyans have lost far too much to be quantified and we cannot lose more.
and I'll do whatever it takes to mobilize my colleagues to persuade them to make it possible to have one single presidential candidate.
And I want to tell William R and his supporters. It is I regard Kashagago who will mobilize 4 million votes to make him president.
I'll mobilize 10 million voters to take him home.
And I also want to confirm to him and his supporters. Much as they despise me, I made him president with my supporters.
I and my supporters can make another Kenyan president.
that they must know and they must stop having entitlement.
The fact that I and my supporters supported him then makes gives me no obligation to feel ashamed that we shall not vote for him.
I want to confirm that if I'm not the flag bearer, I and my supporters will support another Kenyan.
And I am committed and I'll do whatever it takes with my colleagues to make sure there is no division within the opposition to make sure that everybody moves along to persuade all my supporters to move along with me that in case it is not me I'll persuade all my supporters I'll p all my supporters including president Kenya who is my supporter that all of us from our support base will put our vote in one basket in favor of the agreed presidential candidate.
Be it regard Fred Matiangi be it Georgo be it Edina be it mother Koa it does not matter once we agree and we shall agree and I can tell you the commitment is total we shall move on I have left the issues of court now to my lawyers I have no other responsibility from today. It is to make sure that we have one single presidential candidate against President William R. Once that is achieved, I'll then get back to the ground and start political mobilization.
But in the meantime, after this weekend when I go to Western, you will not be seeing me again in political mobilization. We are moving now into the phase of strategy to identify one single presidential candidate and then after that is done we start the work of political mobilization is very Clear.
>> Clear.
Mhm. [clears throat] What was that? October 2024.
Those nearly two years of being condemned and had have been not been easy. We have had an opportunity before a three judge bench of the high court whose unfavorable decision is now out.
But the fight is still on.
To my family, Reverend Das Regardi, my sons Kevin and Keith, I thank you most sincerely for studying with me all through. To the millions of Kenyans who have stood with me in solidarity, I say thank you and I'm greatly indeped to you. To my legal team led by senior council honorable Paul Mu, I want to s sincerely thank you for your great representation. Your strategy, professionalism and dedication made all the difference. I also thank the several independent councils who litigated various petitions on this on behalf of Kenyans. I'm incredibly grateful to have had you on my side and the side of Kenyans. To the millions of Kenyans who believed in me, stood with me every step of the way, I cannot thank you enough.
My heart is full. Your love has been overwhelming. To my core principles, Honorable Steven Koso Musoka and Eugene Wamala, before, during, and after the impeachment, you have been with me every step of the way. To my core principles of the United Alternative Government, you have been a family to me. To the senators MPs from across board who stood with me, you are harassed, intimidated, but refused to succumb to bribery. May God bless you. The journey has just begun. To the innocent civil servants, including gardeners, cleaners, tea girls, office messengers who suffered the brute of this regime. You are harassed, intimidated, threatened, and embarrassed. Justice will be served one day. This ruling was about you. I know it still pains you. But I thank you very much for studying with me and my family all along. May God bless you and your families most sincerely.
We stand here today with tremendous respect to the judiciary of our country.
While we respect the ruling of the high court, we totally and fundamentally disagree with the interpretation of the law and application of facts. The longstanding legal principle of natural justice and the right to a fair hearing has been trashed and ignored in broad daylight. What a sad day for those whom have undergone this in the past and those who face the same in future. We shall proceed file an appeal at the court of appeal on the decision and hope that justice shall prevail. The framers of the constitution provided for an appalate and supreme court. We believe we shall fight to get justice one day.
Dear great people of Kenya, [clears throat] just like the millions of you, I'm shocked by the 350 page decision of the three judge bench of the high court of Kenya pronouncing itself and holding that my right to fair hearing and article 50 of the constitution was violated and then ironically purporting to uphold the impeachment.
It is lost on all of us how the actions and decisions of parliament categorically determined by the three judge bench as unconstitutional and a product of an unfair process can then be deemed valid by the same bench.
Those contradictions are an abuse to the intelligence or the people of Kenya who are following the process at the judgment many hours on. The fundamental right to fair hearing guaranteed at under article 50 of the constitution determined to have been violated is amongst a set of conitional provisions protective of every Kenyan facing any accusition. Article 25 of our constitution provide provides rights that are nonderogable.
They cannot be limited under any circumstances. At the core is a provision to fair trial. The right to fair hearing bound by article 50. And in regard to the process, article 47 demands fair process requiring mandatory fair hearing. We strongly observe that the impeachment process was found 40 by the three judge bench for failure to respect my right to fair hearing in the violation of article 25, 47, and 50 of the constitution. Once that determination was made, the entire process collapsed and was null and void.
There was no impeachment. There was a constitutional coup and abuse to the people of independent Kenya. The three judge bench was obligated by operation of the law on determination or violation of the constitution to set aside the impeachment. The decision by the bench to then purport to uphold the impeachment in the face of his decision or violation of the constitution is in itself a violation and derogation of his responsibility under article 165.
Decisions made in violation of the constitutions are null and void. Lord Denning in Makfoy declared that if an act is void then it is in law anality.
It is not only bad but incurably bad.
You cannot put something on nothing and expect it to stay there. It will collapse. How then would a three judge bench argue argued that the nonderogable right to fair trial was violation in the impeachment process. Then they turned around and tell the Kenyan people that regardless the impeachment was valid.
What a paradox. Dear Kenyans, we recall that on 31st October 2024, while setting aside conservatory orders issued by the high court, this very bench gave an undertaking in open court that there did not exist any violation without remedy or outside the reach of the court. They further argued that in the event and as a as a consequence of setting aside the protective conservatory orders, they determined that if the impeachment process was unconstitutional, they would reverse any actions and decisions taken pursuant to the impeachment. The attorney general gave the same undertaking through council professor GUI emmeritus. Two weeks ago, the honorable justice of the proceeding judge categorically stated that the petitioners could not restrain it on the remedies on finding of their unconstitutionality of the impeachment including the possible statement as a deputy president. Further on seeking of conservatory orders initially the high court insisted that petitioner should allow the parliamentary process to complete since any decision would be amendable to judicial review. It is then astonishing that in this judgment after pronouncing itself and determine determining that the impeachment process violated my right to fair hearing, the three judge bench purported to hold that the impeachment was nevertheless valid and permanent. In yet another paradoxical determination, the bench decided that the Senate failed to follow expected constitutional impeachment process by refusing to use a required select committee. The Senate instead moved directly to plenary then for no determined reason in a single sentence claimed to be bowed by the Supreme Court decision in Sonko case which was in regard to impeachment of a governor and which decision the bench went on to distinguish. This was exceptionally incomprehensible.
Dear Kenyans, in this regard, earlier today I held a consultative engagement with my legal team led by senior council Paul Kibugu and we have clearly analyzed the judgment and I have instructed them to challenge this judgment at the court of appeal. For avoidance of doubts, I moved to the high court to fight for my rights and those of Kenyans who participated in the 2022 general elections that have been violated. My prayer was to seek the cushioning of an illegal process of impeachment. It is only after the determination of illegality as has already happened and setting aside of the impeachment as should have happened we were to consider asking for damages for constitutional violations.
The 50 million Kenya shillings awarded to me is an insult to my fundamental rights and freedoms and a mockery of the constitution. We are not interested.
Money was never the issue here. Justice and constitutional supremacy was. I am one Kenyan leader who will not and cannot be swayed by promises of money to allow violation of the constitution. I stand as a matter of principle to protect constitutional rights and defend the constitution. This is a note that I saw and Kenyans know me for that. If I was interested in money, Mr. William R had offered me 2 billion Kenya shillings in an effort to entice me avoid impeachment and choose resignation. But I stood for my rights and that of over 7 million Kenyans who voted for me. I rejected this offer and face the National Assembly. This is in public domain. No offer, no amount of money can stand between me, my rights and the rights of the citizens of Kenya under the constitution. So if I could reject 2 billion offering me 50 million is a serious joke.
And um a retired principal called me last night listening to the judgment that my rights were violated.
But if the impeachment is vacated, there will be a positional crisis because there will be two deputy presidents.
And this lady who has gone to school summarized the whole argument in a very simple manner.
She told me it was like a man who wants to text your wife and organizes with the police to prefer false charges against you, connives with the magistrate to have you imprisoned so that he can take your wife and then you are imprisoned without undergoing fair trial.
While serving your sentence, you move to the high court to challenge the imprisonment and the judge of the high court comes to the conclusion that the imprisonment was unfair. It was wrong because he was not given fair hearing.
Then the judges the judge goes to pronounce that he is unable to release a prisoner because in his absence his wife was married by another man.
And if he releases that man to go back home there will be a crisis in the village because he'll be two husbands.
And then he tells a prisoner let me look for some little money to give you.
continue staying in prison so that the man who took your wife can continue enjoying in your matrimonial home.
Uh fellow Kenyans, [snorts] my supporters and Kenyans from across the country have reached out to me. They are enraged, bitter and apprehensive about the false narratives being spread by the state that I'm ineligible to to run for office as president of the Republic of Kenya. This is a desperate and false propaganda by those terrified of my cadature.
William Rutus regarding Gashagua is a men to set him home and those around him are terrified of my cadature.
That is why we had this very very embarrassing judgment yesterday of finding that my right to fair trial was violated but then impeachment cannot be lifted.
This is a desperate and forced propaganda by those terrified of my candidature. Article 99 sub article 3 of our constitution provides in clear and ambiguous terms that no reason no person shall be barred from vying as a candidate in any election unless and until all avenues of appeal are exhausted. This erroneous judgment of the bench previously determined by the court of appeal have been unfully empanled has taken nearly two years and that was just the initial stage of the appellet process. I will be victed by the court of appeal hopefully once again with a further protection at the Supreme Court still in my hand. I wish I wish to confirm to my supporters across the country that I'm eligible to v as a presidential candidate and I'll be on the ballot on the 10th of August 2027 should the formula that will be agreed upon by the United alternative government favor me as a single presidential candidate when I wased out of office in October 2024.
I retreated to my village in Woro and held consultative engagements with the people of Kenya for four months including men, women, millennials, jenses, the clergy, lay Christians, professionals, business comm community, business people, retired civil servants and opinion leaders and after exhaustive consultations for 4 months talking to more than 15,000 people, I was instructed to form a political party solidify Mount Kenya a political base and look for friends across the country.
This I have successfully done. The mountain is united to a man and we now have arguably arguably the most popular political party in the country DCP. My support base is consolidated in totality and I have looked for friends across the country. My supporters have now instructed me urgently to embark on the implementation of our joint strategic stance from the residents for a period of 45 days after a tour of western Kenya where I want to go and support my deputy party leader Cleo Malala and Eugene Wamala over the weekend from Monday I'll come in village for 45 days to start exhaustive and extensive consultations with my supporters and opinion leaders and stakeholders on the formula of identifying a single presidential candidate to face President William R.
Following the high court ruling, my 60 member caucus of elders and professionals including the cl and the youth who advised me on political, social and economic issues on a daily basis held a virtual meeting last night following the judgment that was released by the three judges.
And now they have instructed me as follows that the work of political mobilization to remove President William R from office is complete and there is no need for further political mobilization.
They have now tked me to engage of what in their view is of utmost priority.
the identification of a single presidential candidate to face President William R.
They have asked me to move to ammono and meet stakeholders, opinion leaders and know the people who matter in our political formation to seek their mandate and authority to initiate negotiations with my core principles with a view of identifying a single presidential candidate.
They have instructed me that having a single presidential candidate against President William R is not negotiable and is the only way to liberate this country and they have asked me to stick to that commitment.
And I therefore want to assure the people of Kenya that regarding Ashagagwa on instructions from his supporters who are in millions nearly 10 million people who will lead from the front to identify a single presidential candidate to face President William R. From our corner we have two plans plan A and B that we shall discuss with the stakeholders for 45 days. You will not see me anywhere in public. Albino doing very very serious extensive consultations because this is critical for the country is extremely critical for the country. We have two plans. Plan A is to mobilize support from across the country in the event that my colleagues and the formula we shall agree on favor me as a presidential flag bearer.
Plan B.
In the event that the formula does not favor me as a single presidential candidate to get mandate from my supporters to jointly with the other core principles identify a single presidential flag bearer to face President William R. I want to reiterate and firmly state to the people of Kenya that I remain committed to work with my colleagues in the United Alternative Government towards the course of a single presidential flag bearer. I remain hopeful that I will be that candidate for the election of the presidency. I have the capacity and the muscle. I have the infrastructure and the presidential experience. I have the necessary networks and great mobilization capacity numbers behind me and a very good strategy for the presidential campaign. However, if any of my other colleagues is agreed upon, I give a very firm commitment to the people of Kenya that I regard Gashagwa and 10 million supporters behind me. We shall l behind the agreed candidate for a man and at Ira who will lead the presidential campaign and I will lead in the political mobilization that has never been seen in the history of independent Kenya to make William R a one-term president and restore the Kenyan nation and save the Kenyan nation from corruption, conflict of interest, state capture, erosion of democracy, extrajudicial killings, want on sale of public assets and the embarrassment that our country has faced for meddling in our foreign policy. I want to say we must get back our nation. I want to say that Kenyans have lost far too much to be quantified and we cannot lose more.
and I'll do whatever it takes to mobilize my colleagues to persuade them to make it possible to have one single presidential candidate.
And I want to tell William R and his supporters. It is I regard Kashagago who mobilized 4 million votes to make him president.
I'll mobilize 10 million voters to take him home.
And I also want to confirm to him and his supporters. Much as they despise me, I made him president with my supporters.
I and my supporters can make another Kenyan president.
that they must know and they must stop having entitlement.
The fact that I and my supporters supported him then makes gives me no obligation to feel ashamed that we shall not vote for him.
I want to confirm that if I'm not the flag bearer, I and my supporters will support another Kenyan.
And I am committed and I will do whatever it takes with my colleagues to make sure there is no division within the opposition to make sure that everybody moves along to persuade all my supporters to move along with me that in case it is not me I'll persuade all my supporters I'll p all my supporters including president Kanya who is my supporter that all of us from our support base will put our vote in one basket in favor of the agreed presidential candidate.
Be it regard Fred Matiang be it Georgo be it Edina be it mother Koa it does not matter once we agree and we shall agree and I can tell you the commitment is total we shall move on I have left the issues of court now to my lawyers I I have no other responsibility from today. It is to make sure that we have one single presidential candidate against President William R. Once that is achieved, I'll then get back to the ground and start political mobilization.
But in the meantime, after this weekend when I go to Western, you will not be seeing me again in political mobilization. We are moving now into the phase of strategy to identify one single presidential candidate and then after that is done we start the work of political mobilization is very Clear.
>> Clear. Very good.
Mhm. [clears throat] Thank you dear Kenyans, members of the press. First, I want to express my greatest thanks to Almighty God for the far we have been over for the last nearly two years since my legal removal from office in October 2024.
Those nearly two years of being condemned and had have been not been easy. We have had an opportunity before three judge bench of the high court whose unfavorable decision is now out.
But the fight is still on.
To my family, Reverend Das Regardi, my sons Kevin and Keith, I thank you most sincerely for studying with me all through. To the millions of Kenyans who have stood with me in solidarity, I say thank you and I'm greatly indeped to you. To my legal team led by senior council honorable Paul Mu, I want to s sincerely thank you for your great representation. Your strategy, professionalism and dedication made all the difference. I also thank the several independent councils who litigated various petitions on this on behalf of Kenyans. I'm incredibly grateful to have had you on my side and the side of Kenyans. To the millions of Kenyans who believed in me, stood with me every step of the way, I cannot thank you enough.
My heart is full. Your love has been overwhelming. To my core principles, Honorable Steven Koso Musoka and Eugene Wamala, before, during, and after the impeachment, you have been with me every step of the way. To my core principles of the United Alternative Government, you have been a family to me. To the senators, MPs from across board who stood with me. You are harassed, intimidated, but refuse to succumb to bribery. May God bless you. The journey has just begun. To the innocent civil servants, including gardeners, cleaners, tea girls, office messengers who suffered the brute of this regime. You are harassed, intimidated, threatened and embarrassed. Justice will be served one day. This ruling was about you. I know it still pains you, but I thank you very much for standing with me and my family all along. May God bless you and your families most sincerely. We stand here today with tremendous respect to the judiciary of our country. While we respect the ruling of the high court, we totally and fundamentally disagree with the interpretation of the law and application of facts. The longstanding legal principle of natural justice and the right to affair hearing has been trashed and ignored in broad daylight.
What a sad day for those whom have undergone this in the past and those who face the same in future. We shall proceed for an appeal at the court of appeal on the decision and hope that justice shall prevail. The framers of the constitution provided for an appellate and supreme court. We believe we shall fight to get justice one day.
Dear great people of Kenya, just like the millions of you, I'm shocked by the 350 page decision of the three judge bench of the high court of Kenya pronouncing itself and holding that my right to fair hearing and article 50 of the constitution was violated and then ironically purporting to uphold the impeachment.
It is lost on all of us how the actions and decisions of parliament categorically determined by the three judge bench as unconstitutional and a product of an unfair process can then be deemed valid by the same bench.
Those contradictions are an abuse to the intelligence or the people of Kenya who are following the process of the judgment many hours on. The fundamental right to fair hearing guaranteed at under article 50 of the constitution determined to have been violated is amongst a set of coision provisions protective of every Kenyan facing any accusition. Article 25 of our constitution provide provides rights that are nonderogable.
They cannot be limited under any circumstances. At the core is a provision to fair trial. The right to fair hearing bound by article 50 and in regard to the process. Article 47 demands fair process requiring mandatory fair hearing. We strongly observe that the impeachment process was found 40 by the three judge bench for failure to respect my right to fair hearing in the violation of article 25, 47 and 50 of the constitution. Once that determination was made, the entire process collapsed and was null and void.
There was no impeachment. There was a constitutional coup, an abuse to the people of independent Kenya. The three judge bench was obligated by operation of the law on determination or violation of the constitution to set aside the impeachment. The decision by the bench to then purport to uphold the impeachment in the face of his decision or violation of the constitution is in itself a violation and derogation of his responsibility under article 165.
Decisions made in violation of the constitutions are null and void. Lord denning in mroy declared that if an act is void then it is in law anality. It is not only bad but incurably bad. You cannot put something on nothing and expect it to stay there. It will collapse. How then would a three judge bench argue argued that the nonderogable right to fair trial was violation in the impeachment process. Then they turned around and tell the Kenyan people that regardless the impeachment was valid.
What a paradox. Dear Kenyans, we recall that on 31st October 2024, while setting aside conservatory orders issued by the high court, this very bench gave an undertaking in open court that there did not exist any violation without remedy or outside the reach of the court. They further argued that in the event and as a as a consequence of setting aside the protective conservatory orders, they determined that if the impeachment process was unconstitutional, they would reverse any actions and decisions taken pursuant to the impeachment. The attorney general gave the same undertaking through council professor Muay emeritus. Two weeks ago, the honorable justice of the proceding judge categorically stated that the petitioners could not restrain it on the remedies on finding of their unconstitutionality of the impeachment including the possible year statement as a deputy president. Further on seeking of conservatory orders initially the high court insisted that petitioner should allow the parliamentary process to complete since any decision would be amendable to judicial review. It is then astonishing that in this judgment after pronouncing itself and determine determining that the impeachment process violated my right to fair hearing, the three judge bench purported to hold that the impeachment was nevertheless valid and permanent. In yet another paradoxical determination, the bench decided that the Senate failed to follow expected constitutional impeachment process by refusing to use a required select committee. The Senate instead moved directly to plenary then for no determined reason in a single sentence claimed to be bowed by the Supreme Court decision in Sonko case which was in regard to impeachment of a governor and which decision the bench went on to distinguish. This was exceptionally incomprehensible.
Dear Kenyans, in this regard, earlier today I held a consultative engagement with my legal team led by senior council Paul Kibu and we have clearly analyzed the judgment and I have instructed them to challenge this judgment at the court of appeal. For avoidance of doubts, I move to the high court to fight for my rights and those of Kenyans who participated in the 2022 general elections that have been violated. My prayer was to seek the cushing of an illegal process of impeachment. It is only after the determination of illegality as has already happened and setting aside of the impeachment as should have happened we were to consider asking for damages for constitutional violations.
The 50 million Kenya shillings awarded to me is an insult to my fundamental rights and freedoms and a mockery of the constitution. We are not interested.
Money was never the issue here. Justice and constitutional supremacy was. I am one Kenyan leader who will not and cannot be swayed by promises of money to allow violation of the constitution. I stand as a matter of principle to protect constitutional rights and defend the constitution. This is a note that I saw and Kenyans know me for that. If I was interested in money, Mr. William R had offered me 2 billion Kenya shillings in an effort to entice me avoid impeachment and choose resignation but I stood for my rights and that of over 7 million Kenyans who voted for me. I rejected this offer and face the National Assembly. This is in public domain. No offer, no amount of money can stand between me, my rights and the rights of the citizens of Kenya under the constitution. So if I could reject 2 billion offering me 50 million is a serious joke.
And um a retired principal called me last night listening to the judgment that my rights were violated.
But if the impeachment is vacated, there will be a positional crisis because there will be two deputy presidents.
And this lady who has gone to school summarized the whole argument in a very simple manner.
She told me it was like a man who wants to take your wife and organizes with the police to prefer false charges against you, connives with the magistrate to have you imprisoned so that he can take your wife and then you are imprisoned without undergoing fair trial.
While serving your sentence, you move to the high court to challenge the imprisonment.
And the judge of the high court comes to the conclusion that the imprisonment was unfair. It was wrong because he was not given fair hearing.
Then the judges the judge goes to pronounce that he is unable to release a prisoner because in his absence his wife was b married buried by another man and if he releases that man to go back home there will be a crisis in the village because there will be two husbands and then he tells a prisoner let me look for some little money to give you continue staying in prison so that the men who took your wife can continue enjoying in your matrimonial home. [laughter] Uh fellow Kenyans, my supporters and Kenyans from across the country have reached out to me. They are enraged, bitter and apprehensive about the false narratives being spread by the state that I'm ineligible to to run for office as president of the Republic of Kenya. This is a desperate and false propaganda by those terrified of my candidature.
William Rooseway is a man who said him home and those around him are terrified of my cadature.
That is why we had this very very embarrassing judgment yesterday of finding that my right to fair trial was violated but then the impeachment cannot be lifted.
This is a desperate and forced propaganda by those terrified of my cadature. Article 99 sub article 3 of our constitution provides in clear and ambiguous terms that no reason no person shall be barred from vying as a candidate in any election unless and until all avenues of appeal are exhausted. This erroneous judgment of the bench previously determined by the court of appeal have been unfully empanled has taken nearly two years and that was just the initial stage of the appellet process. I will be victed by the court of appeal hopefully once again with a further protection at the Supreme Court still in my hand. I wish I wish to confirm to my supporters across the country that I'm eligible to v as a presidential candidate and I'll be on the ballot on the 10th of August 2027 should the formula that will be agreed upon by the United Alternative Government favor me as a single presidential candidate. When I wased out of office in October 2024, I retreated to my village in Woro and held consultive engagements with the people of Kenya for 4 months including men, women, millennials, genesis, the clergy, lay Christians, professionals, business community, business people, retired civil servants and opinion leaders. And after exhaustive consultations for 4 months, talking to more than 15,000 people, I was instructed to form a political party, solidify Mount Kenya political base and look for friends across the country.
This I have successfully done. The mountain is united to a man and we now have arguably arguably the most popular political party in the country DCP. My support base is consolidated in totality and I have looked for friends across the country. My supporters have now instructed me urgently to embark on the implementation of our joint strategic stance from the residents for a period of 45 days after a tour of western Kenya where I want to go and support my deputy party leader Cleo Malala and Eugene Wala over the weekend from Monday I'll come in village for 45 days to start exhaustive and extensive consultations with my supporters and opinion leaders and stakeholders on the formula of identifying a single presidential candidate to face President William R.
Following the high court ruling, my 60 member caucus of elders and professionals including the cl and the youth who advised me on political, social and economic issues on a daily basis held a virtual meeting last night following the judgment that was released by the three judges.
And now they have instructed me as follows.
That the work of political mobilization to remove President William R from office is complete and there is no need for further political mobilization.
They have now tked me to engage of what in their view is of utmost priority.
the identification of a single presidential candidate to face President William R.
They have asked me to move to a monor and meet stakeholders, opinion leaders and all the people who matter in our political formation to seek their mandate and authority to initiate negotiations with my core principles with a view of identifying a single presidential candidate.
They have instructed me that having a single presidential candidate against President William R is not negotiable and is the only way to liberate this country and they have asked me to stick to that commitment and I therefore want to assure the people of Kenya that regarding Ashagua on instructions from his supporters who are in millions nearly 10 million people who will lead from the front to identify a single presidential your candidate to face President William Ruth. From our corner, we have two plans, plan A and B that we shall discuss with the stakeholders for 45 days. You will not see me anywhere in public riso doing very very serious extensive consultations because this is critical for the country is extremely critical for the country. We have two plans. Plan A is to mobilize support from across the country in the event that my colleagues and the formula we shall agree on favor me as a presidential flag bearer.
Plan B in the event that the formula does not favor me as a single presidential candidate to get mandate from my supporters to jointly with the other core principles identify a single presidential flag bearer to face President William Rut. I want to reiterate and firmly state to the people of Kenya that I remain committed to work with my colleagues in the United Alternative Government towards the course of a single presidential flag bearer. I remain hopeful that I'll be that candidate for the election of the presidency. I have the capacity and the muscle. I have the infrastructure and the presidential experience. I have the necessary networks and great mobilization capacity numbers behind me and a very good strategy for the presidential campaign. However, if any of my other colleagues is agreed upon, I give a very firm commitment to the people of Kenya that I regard Gashagua and 10 million supporters behind me. We shall lry behind the agreed candidate for a man and at Ira Shagua who will lead the presidential campaign and I will leading the political mobilization that has never been seen in the history of independent Kenya to make William R a one-term president and restore the Kenyan nation and save the Kenyan nation from corruption, conflict of interest, state capture, erosion of democracy, extrajudicial killings, want on sale of public assets and the embarrassment that our country has faced for meddling in our foreign policy. I want to say we must get back our nation. I want to say that Kenyans have lost far too much to be quantified and we cannot lose more.
and I'll do whatever it takes to mobilize my colleagues to persuade them to make it possible to have one single presidential candidate.
And I want to tell William vir and his supporters. It is I gashagago who mobilize 4 million votes to make him president.
I'll mobilize 10 million voters to take him home.
And I also want to confirm to him and his supporters. Much as they despise me, I made him president with my supporters.
I and my supporters can make another Kenyan president.
that they must know and they must stop having entitlement.
The fact that I and my supporters supported him then makes gives me no obligation to feel ashamed that we shall not vote for him.
I want to confirm that if I'm not the flag bearer, I and my supporters will support another Kenyan.
And I am committed and I'll do whatever it takes with my colleagues to make sure there is no division within the opposition to make sure that everybody moves along to persuade all my supporters to move along with me that in case it is not me I'll persuade all my supporters I'll p all my supporters including president uru kinada who is my supporter that all of us from our support base will put our vote in one basket in favor of the agreed presidential candidate.
Be it regard Fred Matiang be it Georg be it Eugeneo be it Edina be it mother Koa it does not matter once we agree and we shall agree and I can tell you the commitment is total we shall move on I have left the issues of court now to my lawyers I have no other responsibility from today. It is to make sure that we have one single presidential candidate against President William R. Once that is achieved, I'll then get back to the ground and start political mobilization.
But in the meantime, after this weekend when I go to Western, you will not be seeing me again in political mobilization. We are moving now into the phase of strategy to identify one single presidential candidate and then after that is done we start the work of political mobilization is very Yeah, >> it's very clear. It's clear. Very good.
Mhm.
Thank [clears throat] you dear Kenyans, members of the press. First I want to express my greatest thanks to Almighty God for the far we have been over for the last nearly 2 years since my legal removal from office in October 2024.
Those nearly two years of being condemned and had have been not been easy. We have had an opportunity before a three judge bench of the high court whose unfavorable decision is now out.
But the fight is still on.
To my family, Reverend Das Regardi, my sons Kevin and Keith, I thank you most sincerely for studying with me all through. To the millions of Kenyans who have stood with me in solidarity, I say thank you and I'm greatly indeped to you. To my legal team led by senior council honorable Paul Mu. I want to s sincerely thank you for your great representation. Your strategy, professionalism and dedication made all the difference. I also thank the several independent councils who litigated various petitions on this on behalf of Kenyans. I'm incredibly grateful to have had you on my side and the side of Kenyans. To the millions of Kenyans who believed in me, stood with me every step of the way, I cannot thank you enough.
My heart is full. Your love has been overwhelming. To my core principles, honorable Steven Colono Musoka and Eugene Wamala.
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