Wednesday, October 16, 2024 – Deputy President Rigathi Gachagua’s desperate
attempts to stop his impeachment has hit a dead end.
This is after the High Court rejected his plea to halt the Senate’s upcoming impeachment proceedings, paving
the way for the trial.
While delivering the ruling,
Justice Chacha Mwita dismissed Gachagua’s petition that sought to restrain the
Senate from acting on the National Assembly’s resolution passed on October 8.
In his opinion, Justice Mwita
reasoned that the Constitution has delegated the impeachment process to
Parliament, and the court must show prudence in meddling with it.Â
Gachagua’s petition, filed last
week, argued that the impeachment motion was flawed and deviated from the
original accusations against him.
He had requested a conservatory
order to stop the Senate 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.
The Kenyan DAILY POST