The three-judge bench of the High Court hearing petitions seeking to stop Deputy President Rigathi Gachagua’s impeachment trial has declined to stop the Senate process.
The bench, comprising Justice Eric Ogola to preside over the case and Justices Antony Mrima and Dr. Freda Mugambi, described the suits as premature and anticipatory and as negating the principle of separation of powers.
“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,” it ruled.
However, it stated that Gachagua could approach the court for orders once the process was concluded.
This comes as Gachagua is set to face the Senate on Wednesday and Thursday, where he will defend himself against 11 charges after the National Assembly approved the impeachment motion.
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282 MPs voted to remove Gachagua from office, leading to the impeachment trial
