The High Court has rejected a request by Deputy President Rigathi Gachagua for a conservatory order suspending his impeachment trial at the Senate, scheduled for October 16-18, 2024.
Gachagua’s legal team, led by Senior Counsel Paul Muite and lawyer Tom Macharia, argued that the impeachment process was politically motivated.
They sought to halt the Senate proceedings until the legality of the National Assembly’s impeachment decision was fully determined.
They claimed the process was unconstitutional, citing insufficient public participation.
However, High Court Judge Chacha Mwita, in delivering his ruling, stated that there was no legal basis to interfere with the Senate proceedings.
He emphasized that the court could not obstruct the constitutional mandate of Parliament.
“Having considered the application and the arguments presented by both parties, the prayer for a conservatory order is declined,” ruled Justice Mwita.
At least 26 petitions had been filed challenging Gachagua’s impeachment.
Earlier, in a separate ruling, Senate Speaker Amason Kingi addressed a preliminary objection raised by Governor Eric Mutai on the impeachment process.
Kingi affirmed that Parliament could not be subjected to injunctions, suggesting that the impeachment trial of Deputy President Gachagua would proceed as scheduled, regardless of any court decisions.
“Whether or not there was in fact a Court Order in this matter does not matter, nothing turns on it, the result is the same; which is that Parliament cannot be prevented from the discharge of its constitutional functions by dint of an order of court,” he stated.
Chief Justice Martha Koome on Monday constituted a three-judge bench to hear Gachagua’s petition challenging his impeachment.
Justice Eric Ogola will lead the bench, with Justices Antony Mrima and Dr. Freda Mugambi also part of the panel. The judges will hear Gachagua’s petition alongside five other related petitions challenging the impeachment process.
Deputy President Gachagua is expected to face the Senate on Wednesday and Thursday, where he will defend himself against 11 charges, following the National Assembly’s approval of the impeachment motion.
A total of 282 MPs voted in favor of his removal from office.
The impeachment motion, sponsored by Kibwezi West MP Mwengi Mutuse, accuses Gachagua of corruption, tribalism, and abuse of office, among other charges.
The petitions challenging the impeachment have raised concerns over the legality of the process, with some questioning how the charges were brought forward.
The consolidated case will determine whether the due process, as outlined in the Constitution, was followed.
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If the impeachment succeeds, this would mark the first time a sitting Deputy President in Kenya has been removed from office under the 2010 Constitution.
