Deputy President Rigathi Gachagua has once again failed in his attempt to block his impeachment process through the courts.
On Tuesday, the High Court in Nairobi dismissed Mr Gachagua’s request to stop the impeachment proceedings scheduled to take place in the Senate on Wednesday and Thursday.
Justice Chacha Mwita, in his ruling, said that the principle of separation of powers must be respected, and Parliament should be allowed to carry out its functions without interference.
The judge noted that courts should avoid taking over the duties of other arms of government unless absolutely necessary.
However, Justice Mwita acknowledged that Mr Gachagua’s petition raised significant legal issues and ordered that the case file be forwarded to Chief Justice Martha Koome. He recommended that an uneven number of judges be appointed to hear the matter.
The judge also suggested that the case could be assigned to a bench already established by Chief Justice Koome, which is currently handling six other related petitions.
“Having considered the application, arguments and submissions from parties, and having looked at the constitution and the law, the prayers for conservatory order is declined,” Justice Mwita stated.
This means the impeachment process will continue as planned, while the legal challenge is still being considered.
