Can Courts Poke Holes in Senate Verdict on Gachagua's Impeachment? Lawyer Steve Ogolla Sheds Light
While it has not yet reared its head on Deputy President Rigathi Gachagua's impeachment, the judicial system might wield its power when the time comes
There is, however, an argument on this, as some quarters hold that the impeachment ends at the Senate and that the process is immune to any judicial review
But High Court advocate Steve Ogolla strongly avers that the role of the courts cannot be to ruled out of the impeachment; he says the courts have the role of auditing the process to check its alignment with the constitution
Nairobi?Deputy President Rigathi Gachagua's impeachment could bring the Legislature and Judiciary to a point of clash.
Litigation counsel Steve Ogolla (l) says the courts can chart the way forward regardless of the verdict of the Senate on Deputy President Rigathi Gachagua's impeachment.
Source: UGC
Gachagua's case is being prosecuted by the two houses of parliament.
The impeachment process intensified on October 8, when 282 MPs voted in favour of the charges against him.
Meanwhile, the deputy president has been filing petition after another to challenge the process.
Legal minds are undecided about whether the courts can alter the outcome of the ouster process upon its conclusion by the upper legislative house.
While some hold that the legislature's verdict on Gachagua's impeachment is final, others argue that the court can still wield its power and rule otherwise.
Litigation counsel Steve Ogolla authoritatively avers that the High Court can show up to give directions when there is that need.
While Ogolla appreciates that Gachagua's impeachment is a preserve of the legislature, he says that upon invitation, the courts can chip in to offer interpretation, which might side with the houses of parliament or not.
He says that the court's involvement in such matters is limited to auditing the process and reviewing the merits of the impeachment grounds to confirm that both aspects meet the Constitution's requirements.
"They (courts) ought not to interfere with the outcome of the political process because the power of impeachment is bestowed upon the National Assembly and the Senate; but if the High Court is invited to audit the legality, propriety and constitutionality of the impeachment charges against Gachagua provided they relate to gross violation of the constitution, then the court has jurisdiction to entertain those questions and determine them. So, it is not true that the High Court has no role in the impeachment," Ogolla told this writer.
Source: TUKO.co.ke
