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| Deputy President Rigathi Gachagua (left) and Parliament in session (right, for illustrations) |
Embattled Deputy President Rigathi Gachagua anxiously awaits the outcome of the case he filed to halt the Senate’s impeachment proceedings. . High Court Judge Chacha Mwita will rule on Gachagua’s case on Tuesday, October 15, at 2:30 p.m. Why Rigathi Gachagua wanted Senate proceedings stopped Through his legal team led by Paul Muite, Gachagua argued that the National Assembly had violated his constitutional rights and that only the court could save him from impeachment. Gachagua listed at least 10 grounds he believes were used to aid what he terms a shambolic, unfair and vicarious assault on him. During the case hearing on Monday, October 14, Muite claimed the charges supported by 282 MPs in the National Assembly were unsupported allegations, hearsay, and outright lies.
He also stated that the National Assembly did not conduct a meaningful public participation exercise before his impeachment was tabled. In his ruling, Justice Mwita is expected to either grant the stay orders at the Senate proceedings or dismiss the DP’s requests. This will be Gachagua’s 24th attempt, either directly or through proxies, in court to stop his removal from office, with other efforts proving futile. What the ruling by Amason Kingi means for Gachagua However, irrespective of the ruling by Justice Mwita, the impeachment proceedings at the Senate are likely to go ahead.
On Monday, October 14, Senate Speaker Amason Kingi ruled that Parliament cannot be injuncted and that preliminary objections to court orders do not stop hearings already in the Senate. While ruling on a similar matter raised by Kericho governor Eric Mutai, Kingi affirmed that no court order can stop proceedings before the Senate.
by Amos Khaemba