The High Court, through judge Chacha Mwita, has declined Deputy President Rigathi Gachagua’s attempt to stop the impeachment hearing by Senate scheduled to kick off on Wednesday, October 16. The ruling made on Tuesday 15, now paves clear way for the Senate to proceed with the motion that had earlier on successfully passed through the National Assembly.
While opining at the time of issuing the court ruling, Justice Mwita acknowledged that the Constitution mandates the impeachment process to Parliament, reasoning that the court must, therefore, adhere.
DO Gachagua’s lawyers last week, filed a petition before the High Court aiming to block way for the Senate to continue with fhe impeachment motion tabled against Kenya’s second-in command. The petitioners reasoned out that the impeachment motion has been deviated from addressing allegations tabled against Gachagua, further stating that “a conservatory order should be issued restraining and prohibiting the Senate from proceeding with the impeachment hearing.”
The DP’s side not only argued that the motion is marred by intimidation and undue influence on MPs but went ahead to also allege that the Upper House in the parliament has been acting on the process at a strange supersonic speed which he claimed to be a means employed to avoid judicial oversight.
However, the ruling done by Justice Mwita would thus guarantee the Senate to proceed with the impeachment hearing as planned, with hearings scheduled for October 16, 17, and 18.