High Court Halts Gachagua’s Impeachment Process
The court order comes after Gachagua filed a petition challenging the legality of the Senate’s impeachment proceedings against him.
Milimani Law Courts building. Photo/Capital News.
By Robert Mutasi
In a significant ruling delivered at the Milimani Law Courts in Nairobi, the High Court has issued a conservatory order suspending the impeachment process of Deputy President Rigathi Gachagua.
The court order comes after Gachagua filed a petition challenging the legality of the Senate’s impeachment proceedings against him.
Presided over by Hon. Justice E.C. Mwita, the High Court certified the matter as raising monumental constitutional questions, necessitating the formation of a special bench.
The case, HCCHRPET/E565/2024, pits Gachagua against the State Law Office, the Senate, and three other respondents.
In his ruling, Justice Mwita underscored the gravity of the constitutional issues at hand, which touch on the core principles of a functioning constitution and fundamental human rights.
The ruling was delivered following an urgent application by Gachagua’s legal team, who sought to stop the Senate from proceeding with the impeachment motion.
The court directed that all the pleadings be served immediately, and that the respondents should file their responses within three days of being served.
Justice Mwita emphasized the urgency of the matter, pointing to the far-reaching implications of the case, which concern the interpretation of both constitutional law and public interest.
The High Court directed the Chief Justice to appoint an uneven number of judges to form a special bench to hear the case.
This move underscores the importance the court places on the matter, acknowledging that the issues raised are of substantial legal weight.
The court has also stayed the Senate’s implementation of its resolution to impeach Gachagua until further orders are issued.
This effectively halts the impeachment process and any attempts to appoint a replacement for the Deputy President.
The Senate had earlier voted to uphold impeachment charges against Gachagua, a move that sparked widespread debate and political tension across the country.
Justice Mwita’s order delays the impeachment until at least 24th October 2024, when the matter will again be mentioned before the bench to be appointed by the Chief Justice.
This ruling provides a temporary reprieve for Gachagua, who has vehemently opposed the charges leveled against him.
The court’s decision sets the stage for what is likely to be a protracted legal battle.
The conservatory order protects Gachagua from immediate removal from office, but the case raises broader questions about the limits of executive and legislative powers under Kenya’s constitution.
The ruling also highlights the court’s role in safeguarding the rule of law and human rights, especially in cases involving high-ranking government officials.
As the legal process unfolds, all eyes will be on the next move by both the Senate and the judiciary.
The outcome of this case could have significant ramifications not only for Gachagua’s political future but also for the balance of power between Kenya’s institutions of governance.
The High Court’s ruling reaffirms the judiciary’s critical role in interpreting and applying constitutional law in the face of political controversies.
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