Justices Eric Ogola, Anthony Mrima, and Frida Mugambi decided to hear the cases barely hours before Gachagua’s impeachment trial begins at the Senate on Wednesday, October 16.
The three-judge bench appointed by Chief Justice Martha Koome to hear and determine petitions filed by Deputy President Rigathi Gachagua agreed to listen to a second application by Gachagua to stop the impeachment hearing at the Senate.
Justices Eric Ogola, Anthony Mrima, and Frida Mugambi decided to hear the cases barely hours before Gachagua’s impeachment trial begins at the Senate on Wednesday, October 16.
The judges accepted to hear the application, a small win for Gachagua’s legal team, coming hours after the High Court refused to issue conservatory orders barring the Senate from moving ahead with debating the impeachment of the second in command.
Inside the Kenyan Senate chambers. /PARLIAMENT KENYA
Through his lawyer, Paul Muite, Gachagua stated, “We are seeking to persuade this court to issue a conservatory order today. So that the illegality and constitutional resolution by the National Assembly do not proceed in the Senate. Given that opportunity to assert this report on our notice of motion for the conservatory of orders.”
The legal team called upon the three judges to hear their arguments on why the impeachment process should not proceed. The three judges will hear the case at 6 pm and will render a ruling at 8 am on Wednesday. During the hearing on Tuesday, Paul Nyamodi, representing the National Assembly, requested the consolidation of 29 cases.
Earlier, Justice Chacha Mwita dismissed Gachagua’s petition that sought to block the Senate from acting on the National Assembly’s resolution passed on October 8. Mwita opined that the Constitution has delegated the impeachment process to Parliament, and the court must show prudence in meddling with it.
The DP, through his legal team, had filed an application under a certificate of urgency to prevent Parliament’s trial chamber from considering the ouster motion.
Gachagua’s petition, filed last week, argued that the impeachment motion was flawed and deviated from the original accusations against him. He requested a conservatory order to stop the Senate hearing, insisting, “Pending the hearing and determination of the substantive petition herein, a conservatory order should be issued restraining and prohibiting the Senate from proceeding with the impeachment hearing.”
The Deputy President contended that the motion amounted to a “vicarious assault” rather than a legitimate inquiry, alleging that the proceedings were marred by intimidation and undue influence on MPs. He accused the National Assembly of rushing the process to avoid judicial oversight, thus undermining constitutional principles.
Gachagua’s legal team criticised the impeachment as a personal attack on him and his family, claiming that the accusations did not meet the threshold of gross misconduct. He also argued that the motion violated the legal doctrine of exhaustion, asserting that alternative remedies should have been explored before resorting to impeachment.
However, Justice Mwita ruled that there was no basis to halt the Senate’s proceedings, noting that the court could not interfere with the constitutional mandate of Parliament. As it stands, Gachagua’s fate is set to be decided on Wednesday, October 16, and Thursday, October 17, when he faces the Senate.
Even before the High Court’s ruling, the Senate through Speaker Amason Kingi on Monday, October 14 affirmed that no court orders could stop Parliament from fulfilling its constitutional duties.
“Any injunction interfering with the work of Parliament has no effect on Parliament in the exercise of its constitutional functions,” Kingi stated, reaffirming the Senate’s readiness to proceed with the debate.
Senate speaker Amason Kingi during a past address. /PARLIAMENT KENYA