The High Court has rejected Deputy President Rigathi Gachagua’s attempt to halt the Senate’s upcoming impeachment proceedings, paving the way for the trial to begin as scheduled on Wednesday, October 16.[โฆ]CLICK HERE TO READ THE FULL ARTICLEโถ
Justice Chacha Mwita delivered the ruling on Tuesday, October 15, dismissing Gachaguaโs petition that sought to restrain the Senate from acting on the National Assemblyโs resolution passed on October 8. The ruling allows the impeachment process in the Senate to continue.
“Having considered the application and argument by parties, the constitution, and the precedent, the prayer for the grant of conservatory order is hereby declined,” ruled Justice Mwita.
In his opinion, Justice Mwita reasoned that the Constitution has delegated the impeachment process to Parliament, and the court must show restraint in meddling with the process. Justice Mwita, however, ruled that the challenges raised in the petition can be considered after the Senate concludes its role.
Justice Mwita ruled the court had the jurisdiction to hear the petition brought by Gachagua, despite some of the responders to the petition arguing that the court had no jurisdiction since the matter in question stemmed from a constitutional process.
Gachagua’s petition, filed last week, argued that the impeachment motion was flawed and deviated from the original accusations against him. He requested a conservatory order to stop the Senate hearing, insisting, “Pending the hearing and determination of the substantive petition herein, a conservatory order should be issued restraining and prohibiting the Senate from proceeding with the impeachment hearing.”
The Deputy President contended that the motion amounted to a “vicarious assault” rather than a legitimate inquiry, alleging that the proceedings were marred by intimidation and undue influence on MPs. He accused the National Assembly of rushing the process to avoid judicial oversight, thus undermining constitutional principles.
Gachaguaโs legal team criticised the impeachment as a personal attack on him and his family, claiming that the accusations did not meet the threshold of gross misconduct. He also argued that the motion violated the legal doctrine of exhaustion, asserting that alternative remedies should have been explored before resorting to impeachment.
However, Justice Mwita ruled that there was no basis to halt the Senateโs proceedings, noting that the court could not interfere with the constitutional mandate of Parliament. The decision set the stage for the impeachment trial to proceed as planned, with hearings slated for October 16, 17, and 18.
Meanwhile, Senate Speaker Amason Kingi weighed in, declaring on Monday, October 14, that no court orders could obstruct Parliament from fulfilling its constitutional duties. โAny injunction interfering with the work of Parliament has no effect on Parliament in the exercise of its constitutional functions,โ Kingi stated, reaffirming the Senate’s readiness to proceed with the debateโฆCLICK HERE TO READ MORE ARTICLES>>>
