Wednesday, October 16, 2024 – It will not be the end for Deputy President
Rigathi Gachagua, even if the Senate proceeds with his impeachment.
This comes after the High Court granted Gachagua a rare opportunity to appeal his impeachment, even if the Senate proceeds with the ouster.
In its ruling, the court stated
that it would hear and determine an appeal filed by DP Gachagua’s legal team, including a question on the constitutionality of the impeachment process
undertaken at both the National Assembly and the Senate.
“Should the petitioner not
succeed, the petitioner still has the opportunity to approach the court after
the process, the applications are not without a remedy,” the court clarified.
On the question of whether the
deputy president would cease holding office if impeached by the lawmakers, the
judges maintained that DP Gachagua would only cease holding office once all the
constitutional processes were complete.
The constitutional processes
included the embattled deputy president’s decision to file a petition at the
courts if impeached, thus, no person would be allowed to assume Gachagua’s
position until the Appellate Court heard and determined the petition filed by
Gachagua.
“On the issue that has been
raised that as soon as the Senate impeaches the DP, if at all that
happens, that the DP immediately ceases holding office and that it cannot be
reclaimed, we take the view that every office holder can only assume office
legally and constitutionally,” the court set the record straight.
“The assumption of office
cannot oust the court’s jurisdiction. The court has unfettered jurisdiction to
check on the constitutionality of the process at whatever stage.”
The Kenyan DAILY POST