3-Judge bench declines to stop DP Gachagua’s impeachment

NAIROBI, Kenya, Oct 16 – A three-judge bench of the High Court has declined to stop the Senate from proceeding with the impeachment trial of Deputy President Rigathi Gachagua.

The bench, formed by Chief Justice Martha Koome, had been appointed to hear five petitions aimed at halting the impeachment process.

In its ruling, the bench led by Justice Erick Ogola, with Justices Antony Mrima and Frida Mugambi, described the petitions as premature and anticipatory. The judges emphasized that interfering with the Senate’s constitutional mandate would undermine the principle of separation of powers.

“It is our view that this is not one such case where intervention is automatic. The issues raised by the parties will need to be interrogated in detail. Therefore, we find that the constitutional principle of separation of powers is best served by declining the application at this point,” the bench ruled.

However, the court noted that Gachagua could approach it for orders once the Senate process is completed.

On Tuesday, Justice Chacha Mwita had also rejected a request by Gachagua’s legal team, led by Senior Counsel Paul Muite and lawyer Tom Macharia, for a conservatory order to suspend the Senate trial. They argued that the impeachment was politically motivated and unconstitutional due to insufficient public participation.

Justice Mwita, in his ruling, stated there was no legal basis to halt the Senate proceedings, stressing that the court could not obstruct Parliament’s constitutional mandate.

“Having considered the application and the arguments presented by both parties, the prayer for a conservatory order is declined,” he ruled.

A total of 26 petitions have been filed challenging Gachagua’s impeachment. The Deputy President faces 11 charges, and the Senate trial is ongoing, with the court set to mention the matter on October 18 for further directions on the hearing of the six consolidated petitions.

The National Assembly had earlier approved Gachagua’s impeachment, with 282 MPs voting in favour of removing him from office.