Blow to Gachagua as High Court declines to stop Senate impeachment hearing
High Court declines to issue conservatory orders to stop DP Gachagua impeachment hearing in the Senate
High Court declines to issue conservatory orders to stop DP Gachagua impeachment hearing in the Senate.
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.
Justice Chacha Mwita delivered the ruling on Tuesday, October 15, dismissing Gachagua’s petition that sought to restrain the Senate from acting on the National Assembly’s resolution passed on October 8.
In his opinion, Justice Mwita reasoned that the Constitution has delegated the impeachment process to Parliament, and the court must show prudence in meddling with it.
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.
Gachagua’s 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.
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However, Justice Mwita ruled that there was no basis to halt the Senate’s 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.
“Any injunction interfering with the work of Parliament has no effect on Parliament in the exercise of its constitutional functions,” Kingi stated, reaffirming the Senate’s readiness to proceed with the debate.
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