The High Court of Kenya has allowed the Senate to move forward with impeachment proceedings against Deputy President Rigathi Gachagua.
In a ruling delivered on Tuesday, October 15, Justice Chacha Mwita dismissed a petition by the DP seeking to halt the process.
The ruling comes after 26 petitions were filed in court challenging Gachagua’s removal from office, with the latest impeachment case now set to proceed in the Senate.
Justice Mwita ruled that the Constitution grants Parliament the authority to handle impeachment processes, and the judiciary should exercise caution before intervening.
“Having reviewed the application and the arguments presented, along with constitutional provisions and relevant precedents, the request for conservatory orders is denied,” he ruled.
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Petitioners (DP Gachagua’s lawyers) had urged the court to suspend the Senate proceedings until the legality of the impeachment could be fully determined.
They argued that the ongoing proceedings should be paused to allow the judiciary time to address the 20 petitions currently challenging Gachagua’s impeachment.
Gachagua’s legal team, led by Senior Counsel Paul Muite and lawyer Tom Macharia, had on Monday asked Justice Mwita to issue an injunction to prevent the impeachment from moving forward.
They argued that the impeachment process in the National Assembly was unconstitutional due to inadequate public participation.
“The public was deprived of their democratic rights, with participation reportedly limited to county headquarters for just one day, while the impeachment vote took place simultaneously in the National Assembly on October 8, 2024,” said Muite.
