The court refuses to stop the tabling of Gachagua’s impeachment at the senate.
The hearing of the impeachment is set to start from 16th October to 17th October.
The High Court has rejected Deputy President Rigathi Gachagua’s attempt to halt the Senate’s upcoming impeachment proceedings.
Justice Chacha Mwita delivered the ruling dismissing Rigathi Gachagua’s petition that sought to restrain the Senate from acting on the National Assembly’s resolution passed on October 8.
This ruling allows the impeachment process in the Senate to continue.
“Having considered the application and argument by parties, the constitution, and the precedent, the prayer for the grant of conservatory order is hereby declined.’’
According to the Justice, the Constitution has delegated the impeachment process to Parliament, and the court must show restraint in meddling with the process.
Justice Mwita, however, ruled that the challenges raised in the petition can be considered after the Senate concludes its role.
He further ruled that the court had the jurisdiction to hear the petition brought by Gachagua, despite some of the responders to the petition arguing that the court had no jurisdiction since the matter in question stemmed from a constitutional process.
The DP becomes the first DP to go through an impeachment process and has been impeached by the MPs since the implementation of the new constitution.
