Wednesday, October 16, 2024 – Embattled Deputy President Rigathi Gachagua’s fate now lies in the hands of a three-judge bench appointed by Chief Justice Martha Koome.
This is after the judges agreed to listen to a
last-ditch application by Gachagua to halt the impeachment proceeding in the
Senate just three hours after Justice Chacha Mwita dismissed a similar
petition.
Justices Eric Ogola, Anthony Mrima, and Freda
Mugambi have decided to hear the cases, barely hours before Gachagua’s
impeachment trial in the Senate today.
The judges accepted to hear the application, a
minor win for Gachagua in his bid to stop the impending impeachment process in
the Senate.
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.”
He called upon the three judges to hear his
arguments on why the impeachment process should not proceed.
The three judges will render a ruling today.
Earlier on Tuesday, the High Court rejected
Gachagua's attempt to halt the Senate's upcoming impeachment proceedings,
paving the way for the trial to begin as scheduled on Wednesday.
Justice Chacha Mwita delivered the ruling
dismissing Gachagua’s petition that sought to restrain the Senate from acting
on the National Assembly’s resolution passed on October 8.
The ruling allows the impeachment process in
the Senate to continue.
"Having considered the application and
argument by parties, the constitution, and the precedent, the prayer for the
grant of conservatory order is hereby declined," ruled Justice Mwita.
The Kenyan DAILY POST
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