High Court grants DP Gachagua chance to appeal even after impeachment
A three-judge bench of the High Court on Wednesday morning granted the deputy president a rare opportunity to appeal his impeachment
A three-judge bench of the High Court on Wednesday morning granted the deputy president a rare opportunity to appeal his impeachment.
It might not be over yet for embattled Deputy President Rigathi Gachagua despite a High Court ruling that granted the Senate plenary the leeway to impeach him.
A three-judge bench of the High Court in Nairobi on Wednesday morning granted the deputy president a rare opportunity to appeal his impeachment at the Kenyan courts should a majority of Senators resolve to dismiss him from office.
In its ruling, the court stated that it would hear and determine an appeal filed by DP Gachagua’s legal team including a question on the constitutionality of the impeachment process undertaken at both the National Assembly and the Senate.
“Should the petitioner not succeed, the petitioner still has the opportunity to approach the court after the process, the applications are not without a remedy,” the court clarified.
On the question of whether the deputy president would cease holding office if impeached by the lawmakers, the judges maintained that DP Gachagua would only cease holding office once all the constitutional processes were complete.
The constitutional processes included the embattled deputy president’s decision to file a petition at the courts if impeached, thus, no person would be allowed to assume Gachagua’s position until the Appellate Court heard and determined the petition filed by Gachagua.
“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 set the record straight.
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“The assumption of office cannot oust the court’s jurisdiction. The court has unfettered jurisdiction to check on the constitutionality of the process at whatever stage.”
However, the court disclosed that the decision not to grant the deputy president a conservatory order stopping his impeachment was to allow independent institutions such as the Senate to undertake their constitutional roles uninterrupted unless in extreme cases where the constitution has been violated.
With Gachagua’s bid to stop his impeachment thwarted by the courts, the second in command is set to face the Senate plenary, his new battlefront, to defend himself against all the eleven charges levelled against him by the National Assembly.
During the Senate hearing, Gachagua will be granted four hours to defend himself after which the Senators shall vote. Should at least two-thirds of the senate vote to uphold the impeachment, Gachagua would be dismissed.
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