Rigathi Gachagua Miscalculated Legal Strategy in Public Participation
Deputy President Rigathi Gachagua?s political future hangs in the balance, and the legal strategy he has employed to contest his impeachment may have inadvertently hastened his downfall.
Billy Mijungu (l) has blamed DP Rigathi Gachagua's team for his troubles (r). Photo: Billy Mijungu/Rigathi Gachagua.
Source: Facebook
While the fight over public participation has taken centre stage, it is clear that Gachagua's team miscalculated, opting for premature court interventions rather than a well-timed legal offensive.
In doing so, they squandered what could have been a golden opportunity to stall the impeachment process and regain political ground.
How Gachagua's team misguided him
Gachagua?s camp moved too quickly when they sought court intervention to declare the public participation process flawed. The aim was to undermine the impeachment process before it could gain momentum.
In theory, this was a sound strategy?had they waited until after the impeachment to file the case, the National Assembly would have been forced to reconsider, and the courts might have been persuaded to annul the entire process. But by jumping the gun, Gachagua?s team placed their bet too early.
Initially, the courts agreed with Gachagua, but the victory was short-lived. Parliament responded the very next day, launching public participation at the constituency level. This move caught Gachagua off guard.
He had hoped that Parliament would be delayed or run out of time, thus stalling the impeachment calendar. Instead, the legislative body adjusted swiftly, leaving his legal team scrambling for new strategies.
Is Gachagua likely to be impeached?
Now, Gachagua?s legal team has filed another case, this time contesting the Senate trial by questioning the qualitative and quantitative aspects of public participation.
Once again, the courts have declined to intervene. The fundamental issue here is that Kenyan law does not set clear thresholds for what constitutes satisfactory public participation.
Without any specific legal framework to challenge, Gachagua?s team has found itself on shaky ground. The impeachment process at the presidential level, unlike other political processes, remains silent on the nuances of public participation.
This is where Gachagua?s legal fight faltered. By focusing on an area with little legal precedent, he lost crucial momentum. Now, with the Senate poised to proceed, Gachagua faces a grim choice: continue fighting a losing battle or concede.
In my opinion, if the Senate upholds his impeachment, Gachagua's political career will likely be over. Recent history shows us that impeachments are rarely kind to politicians.
The fates of former governors Mike Sonko and Ferdinand Waititu are instructive?both were impeached and effectively banished from the political arena.
Gachagua must now consider whether he wants to follow that same path or choose a different exit strategy.
How will Gachagua benefit if he resigns?
The best option for the deputy president at this point is to resign. While resignation would undoubtedly be a bitter pill to swallow, it would give him a chance to regroup and potentially seek elected office in the future, whether at the county or national level.
By stepping down voluntarily, he can protect his legacy, maintain the possibility of a political comeback, and, importantly, safeguard his retirement benefits. At the level of deputy president, lifetime protection and benefits are significant considerations.
For Rigathi Gachagua, the fight is far from over, but the window of opportunity is closing. Resignation would offer a lifeline?one that he should seriously consider before it is too late.
The author is Billy Mijungu, a political analyst and commentator on Kenyan politics and a 2022 Senate candidate for Migori county.
The views expressed here are the writer?s and do not in any way represent the position of TUKO.co.ke.
Source: TUKO.co.ke
