Court rejects Gachagua's last-ditch bid to stop impeachment proceedings
Deputy President Rigathi Gachagua arrives at the Senate for his impeachment hearing.
For the second time in as many hours, Deputy President Rigathi Gachagua has lost a bid to stop the Senate from proceeding with his impeachment trial.
A three-judge bench of the High Court ruled on Wednesday that it was in the public interest for the constitutional process to proceed unhindered.
Justices Eric Ogola, Anthony Mrima and Freda Mugambi also said the application by Mr Gachagua and other petitioners was premature and anticipatory and that the DP still had the option of approaching the courts once the Senate had concluded the process.
“The argument that the applicant ceases office once impeached, we hold that every office holder can only assume office legally and constitutionally. The court can check this at whatever stage,” said the judges.
The judges added that it was their finding that the court should exercise restraint at this stage to allow other arms of government to execute their mandates.
The judge said Mr Gachagua should not be worried about the outcome of the Senate proceedings because even if the senators go ahead and vote to impeach him, the basis of his petition will not be lost.
The court said Mr Gachagua could still be granted a remedy even after the process is concluded, and the court will not be acting in vain, then.
The decision of the bench comes just hours after Justice Chacha Mwita declined to grant Mr Gachagua’s request to stop his impeachment trial by the Senate trial.
Justice Chacha Mwita cited separation of power as he ruled that Parliament should be allowed to exhaust its authority.
The judge said courts should be reluctant to take over the functions of other branches of government.
The judge, however, said Mr Gachagua’s petition raises substantial questions of law and directed the file to be taken to Chief Justice Martha Koome, for appointment of an uneven number of judges to determine the case.
