Constitutional Crisis if Gachagua’s Impeachment Is Declared Unconstitutional
What happens if Gachagua’s impeachment is declared unconstitutional? In this video, I explain the possible constitutional crisis that may arise if the court finds that the impeachment process failed the constitutional test. The key issue is the tension between Parliament’s power to impeach and the court’s role in checking constitutional procedure. Parliament determines impeachment merits such as gross misconduct and gross violation, while the Judiciary reviews whether the process met standards of fair hearing, public participation, due process and legality. But if the process is declared unconstitutional when Gachagua is already out of office, another Deputy President is already serving, and Parliament may not practically redo the impeachment, what happens to accountability? This analysis looks at Gachagua impeachment, constitutional crisis, separation of powers, judicial review, fair hearing, public participation, gross misconduct, gross violation, and the difficult remedy question before the court. #luvisialegal #legalexploration #legaleducation #kenyanews

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