By Antynet Ford
A three-bench judge at the high court has today declined Deputy President Rigathi Gachagua’s attempt to stop the Senate from impeaching him.
The judges including Eric Ogola, Anthony Mrima, and Freda Mugambi ruled that the DP will still have the opportunity to seek remedy at the courts if he disagrees with the proceedings at the senate.
The bench termed the application by the embattled DP as premature and anticipatory as the process is not yet completed.
They said no prejudice will be suffered by the applicant (Gachagua) if the orders are not granted at this stage.
“The impeachment process is a lawful constitutional process and the Senate will conduct a trial, whereupon the issues being raised before the court will be raised and determined.” The judges said in a unanimous ruling.
“Should the petitioner not succeed, the petitioner will still have an opportunity to approach the court after the process.” They added.
The three said the matter had been canvassed before a court with similar convergent jurisdiction.
Previously, the matters were heard before Justice Chacha Mwita who yesterday declined to stop the impeachment as sought by Gachagua.
“It is our view that this is not one such case where intervention is automatic. The issues raised by the parties will be required to be interrogated. We therefore find that the enhancement of the Constitutional principle of separation of powers will be best served by declining the application at this point.” Ogola said in his ruling.
