Lawyer Moses Kipkogei, representing Parliament, has defended the public participation process conducted during the 2024 impeachment proceedings against former Deputy President Rigathi Gachagua, describing it as one of the most comprehensive civic engagement exercises ever carried out in Kenya.
Appearing before the High Court, Kipkogei compared the process to the nationwide public engagement that preceded the promulgation of the 2010 Constitution.
He told the court that approximately 223,000 Kenyans submitted their views physically through various collection centres across the country.
“Some 223,000 Kenyans submitted views physically in various offices, probably the most intense and elaborate public participation exercise ever undertaken in this country,” Kipkogei submitted.
“I think it mirrors the one undertaken before the adoption of the Constitution. I think it is the only other public participation session that rivals the adoption of the new Constitution,” he added.
The submissions came in response to claims by Gachagua’s legal team that the impeachment process was rushed and lacked meaningful public participation.
Kipkogei argued that impeachment proceedings are governed by strict constitutional timelines and that public participation should be evaluated within those legal timeframes.
“Impeachment was time-bound. Public participation in respect to impeachment must be taken within the context of time available to whichever organ of the legislative assemblies is dealing with the matter,” he told the court.
The lawyer outlined the steps Parliament said it took to involve the public, including publishing notices in English and Kiswahili newspapers between October 2 and October 4, 2024.
He said the notices were also shared through television and radio broadcasts, Parliament’s official website, and social media platforms such as X, Facebook, and Instagram.
According to affidavits filed before the court, Parliament also organised public hearings at county headquarters across the country, where citizens were invited to present their views using official templates.
“There were public hearings initially held at every county headquarters where members of the public were invited to engage staff of the National Assembly and submit their views through templates provided to them,” Kipkogei submitted.
He added that the grounds for impeachment were clearly outlined in both the public notices and the templates used during the hearings. The court further heard that additional public hearings were conducted on October 4 and 5, 2024, to broaden public engagement.
Kipkogei also stated that Parliament created a dedicated email platform to allow Kenyans unable to attend the physical forums to submit their views electronically.
According to the lawyer, the feedback collected during the exercise was later considered by Members of Parliament before voting on the impeachment motion.
