Embattled Deputy President Rigathi Gachagua has his fingers crossed as he awaits a crucial court ruling on Tuesday afternoon on whether his impeachment at the Senate will be halted.
Gachagua has filed 26 cases in court to challenge his impeachment proceedings.
While Chief Justice Martha Koome has impaneled a three-judge bench to consolidate the cases and decide, one other far-reaching ruling will be delivered on Tuesday.
The High Court will determine whether the Senate can proceed with impeachment hearings against Gachagua.
The Deputy President is set to defend himself before the Senate on Wednesday and faces 11 charges approved by 282 MPs in the National Assembly vote.
Gachagua maintains that the impeachment is politically motivated and expressed confidence that the judiciary will deliver a fair ruling.
Tuesday afternoon, all eyes will be on Justice Chacha Mwita for the ruling that has far-reaching consequences.
Gachagua's lawyers, Senior Counsel Paul Muite and lawyer Tom Macharia had on Monday asked Justice Mwita to issue orders to bar stop Gachagua's impeachment.
They argued that the National Assembly’s impeachment process was unconstitutional due to the lack of proper public participation.
"The public was denied their democratic rights, with participation purportedly conducted only at county headquarters for a single day, while the impeachment vote proceeded simultaneously at the National Assembly on October 8, 2024,'' Muite argued.
Muite told the court that the public participation that was done by the National Assembly was a sham as it only collected views from some 200,000 registered voters.
On behalf of a petitioner, the lawyers further argued that the impeachment motion was passed late in the evening and immediately transmitted to the Senate, violating constitutional provisions.
Justice Mwita reserved his ruling for Tuesday at 2:30 pm.
Should Justice Mwita issue orders to bar the Senate from proceeding with the impeachment, it would be a major reprieve for Gachagua.
However, if the court rules otherwise, then Gachagua will be forced to defend himself in the Senate on Thursday and then await the three-judge bench ruling.
Chief Justice Martha Koome appointed Justice Eric Ogola will preside over the case, with Justices Antony Mrima and Dr. Freda Mugambi also on the panel.
This consolidated petition, along with five others, will scrutinize the legality of the impeachment after Gachagua and other petitioners raised legal issues.
Tuesday's ruling is expected against the background of a strong waning by the Senate that it will not honour any injunction against the impeachment.
The Senate’s trial is expected to last two days, with a possible extension if more time is needed to review the evidence and cross-examine witnesses.
For the impeachment to be upheld, the Senate requires a two-thirds majority vote of 45 senators.
If successful, it would mark the first time a sitting Deputy President in Kenya is removed through an impeachment process.
Petitioners are urging the court to halt the Senate proceedings until the legality of the impeachment is determined.
They argue that the ongoing proceedings must be suspended to give the judiciary time to resolve the 20 petitions currently challenging the impeachment.