Deputy President Rigathi Gachagua’s impeachment trial is set to proceed after High Court judges Eric Ogola, Fridah Mugambi, and Anthony Mrima declined to grant him conservatory orders that would have stopped the process.
The bench, formed by Chief Justice Martha Koome, had been appointed to hear five petitions aimed at halting the impeachment process.
In its ruling, the bench led by Justice Erick Ogola, with Justices Antony Mrima and Frida Mugambi, described the petitions as premature and anticipatory.
The judges emphasized that interfering with the Senate’s constitutional mandate would undermine the principle of separation of powers.
“It is our view that this is not one such case where intervention is automatic. The issues raised by the parties will need to be interrogated in detail. Therefore, we find that the constitutional principle of separation of powers is best served by declining the application at this point,” the bench ruled.
However, the court noted that Gachagua could approach it for orders once the Senate process is completed.
The ruling delivered earlier today leaves Gachagua vulnerable as the Senate gears up to deliberate on the impeachment motion filed against him.
In response to the urgency of the matter, the National Assembly has amended its calendar to hold a rare Friday sitting on October 18, signaling the gravity of the impeachment proceedings.
The amendment is intended to address priority business, including mediated bills that require swift resolution.
Shortly after the High Court ruling, Gachagua was seen arriving at the Parliament Buildings, underscoring the tension surrounding his impending trial.
Accompanied by his son Keith, the embattled deputy president was spotted in the Senate’s waiting bay moments before the proceedings commenced.
The impeachment motion, led by Kibwezi East MP Mwengi Mutuse, has gained momentum in recent weeks, with several grounds cited, including allegations of corruption and abuse of office.
The decision by the High Court to decline the Deputy President’s request for conservatory orders signals that the Senate will now have full discretion to move forward with the trial.
As Gachagua prepares to defend himself against these accusations, political analysts predict that the outcome of this trial could have significant implications for both his political career and the stability of the government.
