A three-judge High Court bench on Wednesday morning dismissed Kenya’s Deputy President Rigathi Gachagua’s attempt to halt the Senate’s impeachment process against him.
The judges Eric Ogola, Anthony Mrima, and Freda Mugambi ruled that Gachagua can still seek legal recourse if he disagrees with the Senate’s final decision following the impeachment proceedings.
The judges stated that they could not intervene in an ongoing process, as Gachagua’s application was premature.
“We are being asked to anticipate the outcome of a process that has not yet been completed,” they said, emphasizing that no harm would be caused to Gachagua by allowing the Senate to proceed with its constitutional duties.
“The impeachment process is a lawful constitutional procedure, and the Senate will conduct a trial where the concerns raised by the applicant can be addressed and determined,” the court ruled unanimously.
They further clarified that if Gachagua is dissatisfied with the outcome of the impeachment process, he will have the opportunity to approach the court afterward.
The bench noted that similar issues had already been raised before Justice Chacha Mwita, who, on Tuesday, declined Gachagua’s request to stop the impeachment.
“This case does not warrant immediate intervention. The matters brought before us require deeper examination, and upholding the constitutional principle of separation of powers is best achieved by declining this application at this stage,” Justice Ogola concluded.
