The court had ruled that DP Gachagua’s petition to stop his impeachment raised constitutional issues that required further judicial interrogation.
Embattled Deputy President Rigathi Gachagua will face the Senate plenary between Wednesday, October 16 and Thursday, October 17 after the three-judge bench appointed by Chief Justice Martha Koome to hear and determine petitions filed by the second in command dismissed a last-minute petition to halt his impeachment.
The three-judge bench presided by Judges Eric Ogola, Fridah Mugambi and Anthony Mrima ruled that the Constitution outlined separation of powers thus barring the High Court from stopping the Senate’s proceedings.
The court had ruled that DP Gachagua’s petition to stop his impeachment raised constitutional issues that required further judicial interrogation.
According to the High Court judges, the Senate’s proceedings to impeach the second in command were lawful and the Senate plenary would equally determine all the issues raised by the petitioner in his suit.
“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.
This ruling means nothing stops the Senate from hearing and determining Gachagua’s impeachment, more than a week after 281 Members of Parliament voted to oust him.
More to follow…