Rigathi Gachagua Impeachment: Big Day for DP Ahead of Court Ruling on Senate Trial
Deputy President Rigathi Gachagua, either directly or through proxies, filed over 20 cases in court to stop his removal from office
On Tuesday, October 15, High Court Judge Chacha Mwita will rule whether the impeachment proceedings at the Senate will proceed or not
In the case, Gachagua argued that the National Assembly had violated his constitutional rights when impeaching him
Amos Khaemba, a journalist at TUKO.co.ke, brings over three years of experience covering politics and current affairs in Kenya.
Nairobi?Embattled Deputy President Rigathi Gachagua anxiously awaits the outcome of the case he filed to halt the Senate's impeachment proceedings.
Deputy President Rigathi Gachagua (left) and Parliament in session (right, for illustrations). Photo: Rigathi Gachagua/Parliament of Kenya.
Source: UGC
High Court Judge Chacha Mwita will rule on Gachagua's case on Tuesday, October 15, at 2:30 p.m.
Why Rigathi Gachagua wanted Senate proceedings stopped
Through his legal team led by Paul Muite, Gachagua argued that the National Assembly had violated his constitutional rights and that only the court could save him from impeachment.
Gachagua listed at least 10 grounds he believes were used to aid what he terms a shambolic, unfair and vicarious assault on him.
During the case hearing on Monday, October 14, Muite claimed the charges supported by 282 MPs in the National Assembly were unsupported allegations, hearsay, and outright lies.
He also stated that the National Assembly did not conduct a meaningful public participation exercise before his impeachment was tabled.
In his ruling, Justice Mwita is expected to either grant the stay orders at the Senate proceedings or dismiss the DP's requests.
This will be Gachagua?s 24th attempt, either directly or through proxies, in court to stop his removal from office, with other efforts proving futile.
What the ruling by Amason Kingi means for Gachagua
However, irrespective of the ruling by Justice Mwita, the impeachment proceedings at the Senate are likely to go ahead.
On Monday, October 14, Senate Speaker Amason Kingi ruled that Parliament cannot be injuncted and that preliminary objections to court orders do not stop hearings already in the Senate.
While ruling on a similar matter raised by Kericho governor Eric Mutai, Kingi affirmed that no court order can stop proceedings before the Senate.
Whom did Martha Koome appoint to hear Gachagua's case
Meanwhile, Chief Justice Martha Koome appointed three judges to hear and determine petitions filed by Gachagua objecting to his impeachment.
On Monday, October 14, Koome appointed Justices Eric Ogola, Anthony Mrima, and Frida Mugambi to hear the petition filed by the embattled deputy president.
In her directive issued at the High Court's Constitutional and Human Rights Division in Nairobi under Petition No. E522 of 2024, Koome followed the orders issued by Justice Lawrence Mugambi.
Justice Ogola will lead the bench appointed by the Chief Justice. Koome's moves come even as Gachagua's impeachment fate is set to be discussed and determined before the Senate plenary on Wednesday and Thursday this week.
What else you need to know about Gachagua's impeachment
Source: TUKO.co.ke
