The High Court has declined to issue temporary orders suspending the public participation exercise scheduled to commence tomorrow with respect to Deputy President Rigathi Gachagua's impeachment motion tabled before Parliament.
Justice Bahati Mwamuye however certified the matter filed by Victor Okoth as urgent and directed it be heard on a priority basis.
Okoth in his court papers sought to suspend the exercise saying the public participation process undermines the constitutional integrity of the impeachment process. He also argued that it violated the principles of fair hearing and due process.
"The public is being misled to participate in an unconstitutional process at a level that was not designed for their direct involvement," he said.
The judge directed the petitioner to serve his application on the National Assembly, the speaker of the National Assembly, and its clerk.
The deputy president has been listed as an interested party.
The matter will be mentioned on October 9 to confirm compliance and take directions on the expedited hearing and determination of the matter.