Blow to Gachagua as court declines to stop impeachment proceedings

By Peter Ochieng

Deputy President (DP) Rigathi Gachagua’s impeachment proceedings at the Senate, will go on as planned.

The proceedings are set for Wednesday and Thursday this week.

On Tuesday afternoon, High Court judge Chacha Mwita in his ruling, gave the Senate a go-ahead, after the DP had filed a petition seeking to stop the impeachment process.

“Having considered the application and argument by parties, the prayer for grant of conservatory orders, is declined,” said the judge.

Gachagua’s advocates, led by Senior Counsel Paul Muite had asked Justice Mwita to issue orders to stop Gachagua’s impeachment, arguing that the National Assembly’s impeachment process was unconstitutional due to the lack of proper public participation.

“The public was denied their democratic rights, with participation purportedly conducted only at county headquarters for a single day,” Muite said.

However, it is on record that the National Assembly conducted public participation exercises for two days – first at all county headquarters, and then constituency headquarters across the country.

The National Assembly had planned for a one-day exercise – at county headquarters, before the program was reviewed to accommodate two days, on the backdrop of a directive by a court in Kerugoya.

Additionally, the lawyers argued that the impeachment motion was passed late in the evening and immediately transmitted to the Senate, violating constitutional provisions.

Gachagua will now have to defend himself in the Senate on Thursday, a day after Kibwezi West MP Mwengi Mutuse defends his impeachment motion on the floor of the Senate.

On Monday, Senate Speaker Amason Jeffa Kingi warned that the Senate cannot be subjected to court injunctions.

“Whether or not there was in fact a Court Order in this matter does not matter, nothing turns on it, the result is the same; which is that Parliament cannot be prevented from the discharge of its constitutional functions by dint of an order of court.”

The Senate trial will last for two days, with a possible extension if more time is needed to review the evidence and cross-examination of witnesses.