Embattled Deputy President Rigathi Gachagua has yet again suffered another blow after the three-judge bench declined to stop the trial of his impeachment at the Senate.
“It is our view that this is not one such case where intervention is automatic. The issues raised by the parties will be required to be interrogated. We therefore find that the enhancement of the Constitutional principle of separation of powers will be best served by declining the application at this point,” the court ruled.
On Tuesday, October 15, the three-judge bench presided over by Justice Erick Ogola and comprising of Justices Anthony Mrima and Freda Mugambi, listened to an application by Gachagua’s lead counsel, Senior Counsel Paul Muite, to halt the impeachment proceedings in the Senate.
The bench empanelled by Chief Justice Martha Koome consolidated all six matters into one, with parties expected to file their submissions by Wednesday at 8 am.
There are a total of 10 petitioners, 8 respondents, and 3 interested parties in the matter, where Gachagua had sought to stop the Senate from the second leg of his impeachment on Wednesday and Thursday.
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Senate to proceed with impeachment
The latest development means that the Senate will proceed with the trial of Gachagua.
DP Gachagua and the counsel representing him will be introduced in the Senate between 10.30 am and 11.00 am
Charges against DP Gachagua will be read between 11:00 am and 11:30 am, with an opening statement on behalf of the National Assembly being allocated 30 minutes.
The opening statement on behalf of the Deputy President has also been allocated 30 minutes.
Between 12:00 noon and 1.00 pm, there will be evidence by the National Assembly, which comprises evidence of witnesses, cross-examination, and re-examination. The Senate has allocated a total of 3 hours for the evidence of the National Assembly and a total of 2 hours for cross-examination.
The house will then break for lunch between 1:00 pm and 2.30 pm before resuming for an afternoon session that will see the continuation of evidence by the National Assembly between 2:30 pm and 6:30 pm.
There will then be questions or requests for clarification by senators between 6:30 pm and 7:30 pm, before the adjournment of the house on day one.
Gachagua, who is at odds with President William Ruto, faces 11 charges, including gross violation of the Constitution, gross misconduct and abuse of office.
This follows a day-long court battle by Gachagua’s legal team to stop the impeachment proceedings scheduled for today.