Deputy President Rigathi Gachagua to Face Senate Impeachment Trial as Court Declines to Halt Proceedings
Deputy President Rigathi Gachagua is set to face an impeachment trial in the Senate after the High Court in Nairobi declined to issue conservatory orders to stop the process.
In his Tuesday ruling, Justice Chacha Mwita permitted the trial to proceed, allowing the Senate to hear the charges against Gachagua, brought forward by the National Assembly.
Gachagua, who has argued that the impeachment is politically driven, expressed confidence in the judiciary, stating that he expects a fair ruling from the courts.
DP Gachagua’s Lawyers Urge Court to Halt Impeachment, Judge Declines
On Monday, Deputy President Rigathi Gachagua’s legal team, led by Senior Counsel Paul Muite and lawyer Tom Macharia, requested Justice Chacha Mwita to issue orders stopping the impeachment process against Gachagua.
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However, Justice Mwita ruled that while the constitution grants courts the power to intervene in cases of human rights violations, the judiciary must exercise restraint in impeachment matters. He emphasized that the impeachment process is within the purview of Parliament, which should be allowed to fulfill its constitutional mandate.
“There must be a careful balance between the mandates of different arms of government. Courts should respect the role of Parliament in fulfilling its constitutional responsibilities,” Mwita said.
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The judge referred the case to Chief Justice Martha Koome, suggesting that a bench be constituted to address the significant constitutional issues raised. Chief Justice Koome will determine whether the petition will be heard by the three-judge bench that was previously assigned to other challenges related to the DP’s impeachment.
