3-Judge bench hands Gachagua final blow in a bid to stop impeachment trial
Final blow for DP Gachagua as 3-Judge bench declines to stop impeachment trial at the Senate
Final blow for DP Gachagua as 3-Judge bench declines to stop impeachment trial at the Senate.
Embattled Deputy President Rigathi Gachagua is set to face the Senate plenary after the High Court in Nairobi dismissed a petition, the DP’s last attempt that sought to stop Gachagua’s impeachment by the Senators.
The three-judge bench presided by Judges Eric Ogola, Fridah Mugambi and Anthony Mrima ruled that the Constitution outlined separation of powers thus barring the High Court from stopping the Senate’s proceedings.
The court in its ruling noted that DP Gachagua’s petition to stop his impeachment raised constitutional issues that required further judicial interrogation.
According to the High Court judges, the Senate’s proceedings to impeach the second in command were lawful and the Senate plenary would equally determine all the issues raised by the petitioner in his suit.
“It is our view that this is not one such case where intervention is automatic. The issues raised by the parties will be required to be interrogated. We, therefore, find that the enhancement of the constitutional principle of separation of powers will be best served by declining the application at this point,” the court ruled.
“The Senate will conduct a trial where all the issues raised before the court will be addressed. At the moment, we are being called upon to anticipate an outcome of a process that is yet to be completed, the application in this stage is premature,” the court added.
However, in its ruling, the three-judge bench granted the deputy president the opportunity to appeal his dismissal by the Senate plenary at the Apex court should the lawmakers impeach him.
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The court also maintained that the embattled deputy president would only cease holding office once all the constitutional processes were complete including a determination of the appeal filed by Gachagua if impeached.
“On the issue that has been raised that as soon as the Senate impeaches the DP, if at all that happens, that the DP immediately ceases holding office and that it cannot be reclaimed, we take the view that every office holder can only assume office legally and constitutionally,” the court stated.
The court decision comes barely a day after another court declined to stop the Senate’s proceedings on the impeachment of the second in command. Gachagua had moved to court seeking conservatory orders to stop his impeachment that is currently underway at the Senate.
Even as the process to impeach Gachagua gains momentum, the deputy president is expected to appear before the Senate on Wednesday at noon to defend himself against the allegations levelled against him by the National Assembly.
During the proceedings, both Gachagua and the National Assembly are set to present their witnesses who will tensity before the Senate, the parties will also present their legal teams to battle it out in front of the lawmakers.
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