Nairobi, Kenya | By Michael Wandati | The High Court has turned down Deputy President Rigathi Gachagua’s bid to obtain a conservatory order to stop his impeachment trial in the Senate, slated for October 16-18, 2024.
Gachagua’s legal team, headed by Senior Counsel Paul Muite and lawyer Tom Macharia, argued that the impeachment was politically driven. They requested that the Senate process be postponed until the legitimacy of the National Assembly’s decision to impeach him could be fully reviewed.
They contended that the process breached constitutional requirements, citing a lack of adequate public involvement.
However, High Court Judge Chacha Mwita ruled that there was no valid reason to interrupt the Senate proceedings. He highlighted that the court could not hinder Parliament from fulfilling its constitutional duties.
“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 have been lodged contesting the impeachment of Deputy President Rigathi Gachagua.
In an earlier ruling, Senate Speaker Amason Kingi responded to a preliminary objection raised by Governor Eric Mutai concerning the impeachment process.
Kingi upheld that Parliament is not subject to court injunctions, indicating that Gachagua’s impeachment trial will move forward as planned, irrespective of any ongoing legal proceedings.
“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.
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Chief Justice Martha Koome has appointed a three-judge bench to review Deputy President Rigathi Gachagua’s petition challenging his impeachment. The panel, led by Justice Eric Ogola and joined by Justices Antony Mrima and Dr. Freda Mugambi, will also hear five other related petitions contesting the impeachment process.
Gachagua is scheduled to appear before the Senate on Wednesday and Thursday to defend himself against 11 charges, following the National Assembly’s overwhelming vote of 282 MPs in favor of his removal. The motion, sponsored by Kibwezi West MP Mwengi Mutuse, accuses Gachagua of corruption, tribalism, and abuse of office, among other allegations.
Concerns have been raised in the petitions about the legality of the impeachment process, with questions over how the charges were brought forth. The consolidated case will determine whether constitutional due process was adhered to. If the impeachment proceeds, it would mark the first time a sitting Deputy President in Kenya is removed under the 2010 Constitution.
