Deputy President Rigathi Gachagua was on Tuesday, March 5, 2024, sued by two human rights lobby groups over remarks made about High Court Judge Esther Maina.
The Kenya Human Rights Commission (KHRC) and the Muslim for Human Rights (MUHURI) filed a petition against the second in command, terming his utterances as derogatory and an embarrassment to the Judiciary.
In the petition filed at the High Court, the lobby groups argued that the statement, which was made in response to various litigations ongoing in court was capable of causing constitutional anarchy.
“Hon Geoffrey Rigathi Gachagua during one of his public addresses on Sunday, January 14, 2024, publicly called out and dressed down High Court Judge Lady Justice Esther Maina terming her “corrupt”,” they recalled.
The petitioners have further demanded that Gachagua publish a retraction and apology on the statements made in two Newspapers of national circulation, within 14 days of the court’s judgement.
“A declaration that his utterances being unsubstantiated claims of corruption, constitute a threat to the person of Justice Maina,” the petition reads in part.
In addition, the petitioners also want the court to order that the utterances and conduct of the DP diminish the honour of the Office of the Deputy President, and unsubstantiated claims threatening the persona of Lady Justice Maina.
"A declaration that the public utterances and conduct of Gachagua in early January are a violation of the independence of the Judiciary," they further argued.
Other relief sought, “A declaration that the utterances and the conduct of the 1st respondent (Rigathi Gachagua), is a violation of the Article 75 of the Constitution.”
DP Gachagua on January 14, 2024, while addressing a congregation at Iten in Elgeyo Marakwet vowed to push for the removal of Justice Esther Maina, accusing her of tainting his name and declaring his money proceeds of crime.
"On Thursday, this coming week at 2:15 pm, I will personally present a petition before Lady Chief Justice Martha Koome against Justice Esther Maina for her removal from the Judiciary for misconduct and corruption," Gachagua stated then.
Gachagua later backed down from filing the petition against her removal, welcoming the idea of a dialogue as proposed by Chief Justice Martha Koome.
"Deputy President Rigathi Gachagua notes the current national discourse on judicial transparency and application of Article 10 of the Constitution of Kenya on the conduct of Judges and other Judicial Officers. He welcomes the statement by Chief Justice Martha Koome inviting dialogue on the critical issue of accountability of the Judiciary, which President William Ruto has embraced," read part of a statement from the Office of the Deputy President.
