Court Upholds Impeachment Process Against Kenya’s Deputy President

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In a three-judge High Court panel has rejected Deputy President Rigathi Gachagua’s attempt to stop the ongoing impeachment process initiated by the Senate.

The judges—Eric Ogola, Anthony Mrima, and Freda Mugambi—asserted that Gachagua’s application was untimely and emphasized that he can seek legal recourse after the Senate concludes its proceedings.

“We are being asked to anticipate the outcome of a process that has not yet been completed,” the judges stated, underscoring that allowing the Senate to continue its constitutional duties poses no harm to Gachagua.

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The court unanimously recognized the impeachment as a lawful procedure, with the Senate equipped to address the concerns raised during the trial.

“The impeachment process is a lawful constitutional procedure,” the judges reiterated, indicating that Gachagua would have the opportunity to challenge the Senate’s final decision if he remains dissatisfied.

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They highlighted the principle of separation of powers, concluding that immediate intervention was unwarranted at this stage.

This ruling follows a similar denial from Justice Chacha Mwita, who dismissed Gachagua’s request on Tuesday, reinforcing the judiciary’s commitment to allowing the Senate to carry out its constitutional responsibilities without interference.

Justice Ogola remarked, “This case does not warrant immediate intervention. The matters brought before us require deeper examination.”

 

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