The High Court of Kenya in Nairobi has allowed the Senate to proceed with the impeachment process of the Deputy President Rigathi Gachagua.
According to the Judge, Gachagua raised valid concerns, however, precedent binds the court that although the constitution grants the court jurisdiction to intervene where there’s a threat to violate the constitution, the court must exercise restraint in matters impeachment.
DP Gachagua had petitioned the Court to halt the Wednesday 16 October Impeachment trial at the Senate chambers citing violation of his rights to a fair hearing by the Parliament during the impeachment resolution.
DP Gachagua had sought conservatory orders to restrain the senate from proceeding with the Impeachment scheduled 16,17, and possibly 18 of October.
Gachagua told court that the National Assembly in passing the Impeachment motion considered extraneous matters other than the grounds raised in the motion.
He also alleged that constitutional imperatives on public participation were not complied with.
Gachagua gave an example of Keiyo South Constituency where according to the results, the total number of people who participated in the public participation was 43, those who supported were 70 and those who did not support were 3, meaning the results of public participation of the said constituency defied logic.
“It is implausible that an attendance of 43 people would produce 70 people in support that is 162% and 3 people in opposition” ruled justice Chacha Mwita.
According to the court, the Impeachment process of the Deputy President has already started at the Parliament and should be allowed to conclude its path.
“In our constitutional scheme, the people delegated the authority to state organs including parliament and Judiciary exercising the delegated authority only in accordance with the constitution.” Ruled Justice Mwita.
Justice Mwita said that the Kenyan Constitution is a constitution of hope and promise and that should the Deputy President feel that the senate never accorded him Justice, he can exercise his rights to pursue Justice through the Courts.
“It does not matter how far the process may have gone since no action is out of reach of our constitution.” Said Justice Mwita.
