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Impeached Deputy President RIgathi Gachagua with his lawyer Paul Muite. [Collins Kweyu Ogina. Standard]
Kenyan courts have wielded the doctrine of public participation like a constitutional scalpel, striking down legislation and administrative actions whenever they find that the public had not been meaningfully consulted.
It is against this backdrop, the High Court’s June 8 judgment upholding the impeachment of former Deputy President Rigathi Gachagua has sparked debate.
In a case where more than 40 petitioners argued that public participation was deficient, a Bench known for striking down more elaborate legislative processes found the exercise sufficient.
