The High Court has dismissed Deputy President Rigathi Gachagua’s bid to block his impeachment hearing in the Senate, which is set to occur from October 16 to 18, 2024.
Gachagua’s defense team, headed by Senior Counsel Paul Muite and lawyer Tom Macharia, contended that the impeachment proceedings were driven by political motives.
They requested that the Senate hearings be paused until the legality of the National Assembly’s decision to impeach Gachagua could be thoroughly examined.
The lawyers also argued that the process lacked sufficient public input, making it unconstitutional.
However, in his ruling, High Court Judge Chacha Mwita stated that there was no valid reason to halt the Senate’s actions and that the court does not have the authority to disrupt Parliament’s constitutional duties.
“After reviewing the application and hearing the arguments from both sides, the request for a conservatory order is denied,” said Justice Mwita.
At least 26 petitions have been lodged challenging Gachagua’s impeachment.
Earlier, Senate Speaker Amason Kingi, addressing an objection raised by Governor Eric Mutai, clarified that Parliament cannot be restrained by court orders, signaling that the impeachment trial would proceed regardless of any legal challenges.
“Whether there was a court order or not is irrelevant; it has no bearing on the outcome. Parliament cannot be stopped from carrying out its constitutional obligations by any court order,” Kingi asserted.
Meanwhile, Chief Justice Martha Koome has established a three-judge panel to review Gachagua’s petition against his impeachment. The bench, led by Justice Eric Ogola, includes Justices Antony Mrima and Dr. Freda Mugambi, who will hear the case along with five other related petitions contesting the impeachment process.
Following the National Assembly’s endorsement of the impeachment motion, Deputy President Gachagua is slated to appear before the Senate on Wednesday and Thursday to defend himself against 11 charges.
282 MPs voted in favor of Gachagua’s removal from office.
The impeachment motion, introduced by Kibwezi West MP Mwengi Mutuse, accuses Gachagua of corruption, ethnic favoritism, and misuse of his position, among other allegations.
Questions about the impeachment’s legality have been raised, with some disputing the legitimacy of the charges.
The consolidated case will evaluate whether the impeachment followed constitutional procedures.
If upheld, this would mark the first time under the 2010 Constitution that a sitting Deputy President in Kenya has been ousted from office.
