Kenya: Gachagua At the Senate Ahead of Impeachment Trial

Kenya Deputy President Rigathi Gachagua
16 October 2024

Nairobi — Deputy President Rigathi Gachagua has arrived at the Senate ahead of his impeachment trial.

During today's session, Gachagua is expected to plead with the charges before the National Assembly makes its opening remarks followed by the DP.

Earlier, a three-judge bench of the High Court 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.

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