Friday, October 11, 2024 – Deputy President Rigathi Gachagua should really consider resigning before his impeachment at the Senate next week; otherwise his political career will be over.
This is after it emerged that
his impeachment at the Senate will be final and won't be challenged in
court.
Taking to his official X account
yesterday, former Law Society of Kenya (LSK) President Nelson Havi stated that
once the Senate votes to remove a sitting deputy president, the decision is
final and cannot be challenged in court.
Havi explained that while the
removal of judges can be appealed to the Supreme Court, the impeachment of a
president or deputy president is unique in that it is not subject to judicial
review.
The prominent lawyer has,
therefore, argued that Gachagua will cease being Kenya’s DP should the Senate
vote to uphold his impeachment.
“Rigathi Gachagua will cease
being DP on the vote of the Senate.”
“Unlike the removal of a judge
which can be appealed to the Supreme Court, impeachment of president and DP is
final and incapable of challenge.”
“The Constitution did not
contemplate judicial intervention on impeachment,” Havi stated.
Havi’s statement comes a day
after a Senate motion to set up an 11-member special committee to handle DP
Gachagua’s impeachment failed, meaning he will be tried by the entire Senate.
The Kenyan DAILY POST
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