Blow to President RUTO and his allies as GACHAGUA secures a narrow win before his impeachment – Look!

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