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Gachagua lawyers expected in court after Senate ouster

His lawyers burnt the midnight oil to prepare for an appearance

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by JAMES MBAKA

News18 October 2024 - 08:45

In Summary


  • The former Deputy President was impeached after the Senate upheld five of the 11 charges on Thursday night.
  • There are reports that his replacement will be unveiled on Friday in the National Assembly.


Former Deputy President Rigathi Gachagua's lawyers are expected in court on Friday morning following the Senate's decision to impeach him.

The Senate voted late on Thursday night to uphold five of the 11 charges against Gachagua despite his hospitalisation.

He had failed to take to the witness stand at the Senate on Thursday afternoon with his lawyer Paul Mwite telling the House that he had been taken ill.

The House later went ahead to impeach him after a motion to adjourn the sitting to Saturday to allow Gachagua to appear flopped.

Following the successful ouster, Gachagua's lawyers burn the midnight oil to prepare for an appearance in court on Friday morning to seek orders suspending the impeachment.

One of Gachagua's lawyers Victor Swanya told the Star that the legal team was ready to move to court to ask for an injunction against the implementation of the Senate resolutions.

They are expected to ask the court to bar the National Assembly from processing the name of Gachagua's replacement awaiting the determination of the former DP's application.

"We are ready and will appear in court,''' Swanya said.

The Constitution requires the President to nominate a deputy president within 14 days with the National Assembly required to process the nomination within 60 days.

There are reports that the state machinery has been whipped to swiftly process Gachagua's replacement with the National Assembly having two special sittings on Friday.

Gachagua had previously filed at least 29 applications in court to block the Senate from proceeding with his impeachment trial.

Gachagua failed to convince the court to issue restraining orders against the Senate in all cases.

Friday's attempt would be the most consequential of his applications since his replacement is swiftly expected to follow following his ouster.

A three-judge bench picked by Chief Justice Martha Koome to hear and determine Gachagua's cases, had on Wednesday ruled that the former DP's application was premature.

Justices Erick Ogola, Anthony Mrima and Frida Mugambi argued that they would not issue orders against the Senate as that would be an affront to 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 need to be interrogated in detail. therefore we find the Constitutional principle of separation of powers is best served by declining the application at this point,'' the bench ruled.

The previous day, Gachagua's bid to block his impeachment was also rejected by Nairobi High Court Judge Chacha Mwita who argued the judiciary must exercise restraint and allow constitutional offices to perform their mandate.

In his ruling, Justice Mwita stated that there was no legal basis to halt the Senate proceedings, stressing that the court could not obstruct Parliament from its constitutional mandate.

"Having considered the application and the arguments presented by both parties, the prayer for a conservatrory order is declined,'' he ruled.




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