A three-judge bench on Wednesday declines to issue conservatory orders to stop the impeachment trial of Deputy President Rigathi Gachagua at the Senate. Judges Erick Ogolla, Antony Mrima, and Frida Mugambi rule that Gachagua would not face any harm if the Senate proceeds with the impeachment motion. They emphasize that even if the impeachment process continues, Gachagua can still challenge the outcome in court.
This ruling comes after Gachagua’s legal team made a final court appeal to halt the motion before it moves to the Senate. The Senate has already begun the impeachment proceedings, but has banned media outlets from broadcasting the sessions.
Advocate Lempaa Suyinka, representing one of the petitioners, urges the court to consider stopping President William Ruto from nominating a replacement for Gachagua if the Senate votes to remove him. However, the National Assembly and Senate lawyers argue that these issues have already been addressed, noting that the constitutional process of impeachment should be allowed to proceed as decided by Judge Chacha Mwita.
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Advocate Mercy Thanji, representing the Senate, reinforces that if any parties are dissatisfied with the outcome, they can seek remedies through the courts afterward. She adds that it is premature for the court to intervene at this stage, as the Senate’s decision is still pending.
With over 20 court cases challenging Gachagua's impeachment, this ruling marks his last legal attempt to stop the process before it moves fully to the Senate. However, even if the Senate votes to remove him from office, Gachagua still has the option of seeking court intervention to potentially reverse the decision.
