Kenya:High Court Declines to Halt DP Gachagua’s Impeachment Hearing

By Samuel Ouma

The High Court in Nairobi has declined to issue orders suspending Deputy President Rigathi Gachagua's impeachment trial in the Senate, which greatly defeated his efforts.

This verdict clears the way for the Senate to hear and debate on the impeachment motion against him, which is slated for Wednesday and Thursday this week.

Justice Chacha Mwita of the Milimani Law Courts declared that the impeachment process must be completed, citing the Constitution's provision for the Senate to hear such motions.

"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 Judge Mwita.

Gachagua had attempted to prevent the Senate from advancing with the impeachment motion, claiming that the process was illegal and lacked public participation.

In his ruling, Justice Mwita asked Chief Justice Martha Koome to appoint a three-judge panel to hear and decide Gachagua's case.

Given the importance of constitutional law and public interest, the judge stated that the questions presented in the petition merited further review by a panel of justices.

The court also ordered that Gachagua's petition, which attempts to prevent the Senate from carrying out the impeachment process, be combined with another petition filed under Case E522/2024, which addresses identical legal difficulties.

Both cases are now under the purview of the Chief Justice, who will decide whether the same three-judge bench that heard the prior petition should hear the new one.

Chief Justice Koome had established a bench comprising Justices Erick Ogola, Antony Mrima, and Dr. Frida Mugambi to hear five petitions seeking to prevent Gachagua's impeachment. The same bench is expected to hear the latest case challenging the Senate process.

Gachagua's legal team, led by Senior Counsel Paul Muite, claimed that the Senate's impeachment process breached constitutional rights, notably the right to public participation.

They further argued that the impeachment was politically motivated and meant to remove the Deputy President without legal justification.