Chief Justice Koome has already appointed a three-judge bench to hear a similar petition by Gachagua, which seeks to challenge the overall impeachment process.[โฆ]CLICK HERE TO READ THE FULL ARTICLEโถ
Embattled Deputy President Rigathi Gachagua has suffered a legal setback after the High Court in Nairobi declined to block the Senate from hearing an impeachment motion against him.
The decision means that Gachagua will now face the Senate to defend himself against allegations brought forward as grounds for his potential ouster.
The motion is scheduled for deliberation in the Senate on Wednesday and Thursday, as per a programme laid out by the Clerk of the Senate.
Justice Mwitaโs ruling
Milimani Law Courts Justice Chacha Mwita, who presided over the case, ruled that the impeachment process must be allowed to proceed to its conclusion.
He emphasised that it was essential for the constitutional process to continue unhindered, stating that the judiciary should not interfere prematurely with a process initiated under parliamentary authority.
In his ruling, Justice Mwita declined to issue conservatory orders to bar the Senate from moving forward with the impeachment motion. He explained that the application had not met the threshold for such an order.
โHaving considered the application and the argument by parties on the Constitution and precedent, the prayer for grant of conservatory order is declined,โ he ruled.
Appointment of a three-judge bench
Despite the process being halted, Chief Justice Martha Koome appointed a three-judge bench to hear and determine the case.
The judge noted that the issues raised in the petition were substantial and of public interest, warranting a more detailed examination.
โI certify this petition as raising substantial questions of law and of public interest in terms of Article 165 (4) of the Constitution,โ Justice Mwita said, adding that the file would be placed before the Chief Justice for the appointment of an uneven number of judges to handle the matter.
Chief Justice Koome has already appointed a three-judge bench to hear a similar petition by Gachagua, which seeks to challenge the overall impeachment process.
Gachagua’s stance
Deputy President Gachagua, in his petition, argues that the impeachment process is politically motivated and violates the Constitution.
He has maintained that certain political factions are orchestrating his impeachment to weaken his position in the government.
The case will now proceed to the appointed bench, where Gachagua will hope to challenge the grounds and procedure of his impeachmentโฆCLICK HERE TO READ MORE ARTICLES>>>
