Law Professor Migai Akech Seeks to Join Gachagua’s Impeachment Case, Questions MPs’ Actions

Law professor Migai Akech has sought to join the impeachment case involving former Deputy President Rigathi Gachagua, arguing that Members of Parliament violated the Constitution and failed to observe due process during his removal from office.

Akech’s application seeks to allow him to participate in the proceedings and present arguments on the constitutional questions arising from the impeachment process.

The professor has raised concerns about how MPs handled the motion, questioning whether Parliament followed the procedures and safeguards required by the Constitution when removing a Deputy President.

Gachagua was impeached in October 2024 after facing several accusations, including undermining the government, making inflammatory remarks and engaging in conduct considered inconsistent with his responsibilities as Deputy President.

The motion was introduced in the National Assembly, where a majority of MPs voted in favour of his removal. The matter subsequently proceeded to the Senate, which also approved the impeachment.

Following the decision, Gachagua challenged his removal in court, disputing the manner in which the charges were handled and questioning the legality of the process. Akech’s latest move adds another dimension to the dispute, particularly regarding the responsibility of Parliament to uphold constitutional principles when exercising its oversight powers.

His arguments place emphasis on the importance of fairness and accountability in parliamentary proceedings, especially when decisions have significant consequences for elected state officials.

The application will require the court to determine whether Akech has met the requirements to participate in the case and present his submissions. The proceedings have continued to attract attention because of the constitutional questions surrounding the impeachment of a sitting Deputy President.

The case could also provide an opportunity for the courts to examine the boundaries of parliamentary authority and the safeguards that must be observed during the removal of senior public officials. A decision on Akech’s application will determine whether the law professor can formally present his arguments in the ongoing dispute.

SOURCE: https://www.facebook.com/share/p/1DfGxaa8WC/

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