Deputy President Rigathi Gachagua is set to face the Senate after the High Court in Nairobi dismissed his final attempt to halt the impeachment process.
Gachagua had filed a petition to stop the Senate’s proceedings, but it was rejected by a three-judge bench comprising Judges Eric Ogola, Fridah Mugambi, and Anthony Mrima.
The judges ruled that the Constitution upholds the separation of powers, preventing the High Court from intervening in Senate matters.
In their decision, the court acknowledged that the petition raised constitutional concerns requiring further legal examination but determined that this did not justify immediate intervention.
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“The issues presented will need thorough judicial scrutiny, but this is not a case where automatic intervention is warranted.
Respecting the constitutional principle of separation of powers is best achieved by allowing the Senate process to proceed,” the ruling stated.
This decision follows a previous court’s refusal to halt the Senate’s impeachment proceedings against Gachagua.
How 3 Judges Ruled in Gachagua’s Impeachment Case
In their ruling, the three-judge bench chose not to interfere with the Senate’s ongoing impeachment proceedings against Deputy President Rigathi Gachagua. Justice Eric Ogola, who delivered the judgment, stated that Gachagua would not suffer any harm as a result of the court’s decision to reject his application.
The bench also referenced a prior ruling by Justice Chacha Mwita on October 15, noting that the key issues raised by Gachagua had already been addressed.
The judges further clarified that Gachagua still had the right to challenge and contest the Senate’s final decision on his impeachment if he felt wronged by the outcome.
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