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.
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.
And 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 in any way invalidate the impeachment process.
But 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 favour.
“The judgment was not fair because Gachagua fell ill during the impeachment
proceedings when the case was in court. It was not right because if you start something with someone, it is good to finish with him,” he submits.
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.
“He played a key role in fighting drugs and alcohol consumption in this region. Since his impeachment illicit brews and substance abuse especially among young people has increased tremendously,” he claims.
His sentiments were echoed by Julius Mwenda, a cobbler operating in Nyeri Town, who also questioned the timing of the Senate proceedings.
“There was no justice because the court decided to rule on Rigathi Gachagua’s impeachment even as senators violated his rights to a fair trial by refusing to adjourn proceedings when he was pronounced sick,” says Mwenda.
“It was not justice. They ought to have postponed the case until after he had recovered fully from his illness to stand trial,” he said.
Mwenda is however less optimistic about the prospects of the former DP redeeming himself politically even if he decides to proceed to the Appellate court.
“If he appeals, the Court of Appeal may still deliver the same ruling. It would be a waste of time and resources,” he said.
“Rigathi should now focus on politics and prepare to challenge the current government in the 2027 General Election.”
But 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 through a public participation exercise.
“I think Rigathi Gachagua’s impeachment was a procedural process that involved Members of the National Assembly, the Senate, public participation and the President,” she said.
“I don’t think all those processes could entirely have been wrong.”
According to Wamaitha, political, not legal differences, may have contributed to the eventual downfall of the second most powerful man in the country.
“I think he had political disagreements with some Members of Parliament and also with the President. Those differences may have played a role in his eventual fall from the sanctums of power,” she observes.
Although she acknowledged the impeachment process may appear to have been fast-tracked, Wamaitha maintains that the court’s ruling ought to be respected.
“The process may have been a bit faster than expected, but he should accept the results and hope that the Court of Appeal rules in his favour in case he chooses to move there,” she says.
Another resident, businessman Charles Ndegwa, said the court ruling appeared contradictory after the judges directed the Senate to pay Gachagua Sh50 million as damages for violation of his rights.
“There was no justice in that ruling because the court compensated Gachagua with Sh50 million for violation of his rights and at the same time ruled that the impeachment was lawful and followed due procedure,” he argues.
Ndegwa believes the outcome of an appeal will sorely depend on the independence of the entire judicial process.
“If the Court of Appeal is not compromised by the State, he will win the case,” he states.
Alice Wangui expressed misgivings with the verdict reached by three-judge bench and advised Gachagua to seek redress through the court of appeal.
Wangui also 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.
“I feel that Gachagua did not deserve the verdict which was delivered by the High Court judges and he should as a matter of urgency move the case to the Court of Appeal,” she submits.
“The court took a lot of time before coming up with its final judgment. The judiciary should come up with mechanisms that help expedite cases faster and avoid unnecessary delays,” she says.
Among high profile personalities in Nyeri who reacted to the Monday ruling was Governor Mutahi Kahiga who termed the judgment a miscarriage of justice.
He however advised Rigathi to take the challenge boldly and move to the Appellate court for a retrial of the case.
“That was a miscarriage of justice. Processes, procedures and fidelity to the law grossly breached in the impeachment. The Sh50 million award in damages is no consolation. Fight on Riggy G!.It shall be well,” posted Kahiga on his official Facebook page immediately after the ruling.
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 in office for barely a year.
Karanja had been accused by the late Embakasi MP David Mwenje of plotting to overthrow retired President Daniel Moi’s government with assistance from foreign countries.
To avoid the prospect of being hounded out of office through a vote of no confidence by lawmakers, Dr Karanja opted for resignation.
by Samuel Maina and Patience Wangechi
