Deputy President Rigathi Gachagua lost his bid to halt the ongoing impeachment process against him on Tuesday.
The High Court in Nairobi denied his request to stop his Senate impeachment trial, which is set to take place today and Thursday.
Justice Chacha Mwita emphasized the importance of the separation of powers, stating that Parliament must be allowed to exercise its authority fully. He noted that courts should be cautious about assuming the functions of other branches of government.
Despite this, the judge recognized that Gachagua’s petition raises significant legal questions. He instructed that the case file be sent to Chief Justice Martha Koome for the appointment of an odd number of judges to review the petition.
Justice Mwita also mentioned that the Chief Justice might assign this case to a bench already appointed by Justice Koome to hear six other related petitions.
“After reviewing the application, arguments, and submissions from both parties, as well as examining the Constitution and relevant laws, I decline the request for a conservatory order,” the judge stated.
He continued, “However, considering the issues raised in this petition, which also relate to Petition E522/2024—certified for the appointment of an uneven number of judges—I certify this petition as raising substantial questions of law and public interest under Article 165 (4) of the Constitution. This file will be submitted to the Honourable Chief Justice for the appointment of judges to hear this petition.”
Justice Mwita concluded that the Chief Justice may decide whether this petition can be heard by the same bench assigned to Petition E522.
CJ Koome has since appointed a bench led by Justice Erick Ogola, which includes Justices Antony Mrima and Dr. Frida Mugambi, to hear five petitions seeking to save Gachagua from being hounded out of office.
