Poor GACHAGUA is going home whether he likes it or not as High Court gives the Senate the greenlight to impeach him

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. 

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