Lawyers Donald Kipkorir and Nelson Havi have strongly disagreed on the role of the judiciary in the impeachment proceeding of Deputy President Rigathi Gachagua.
It all started when Havi said that once the Senate votes to support the impeachment motion, Gachagua will immediately cease being the Deputy President.
He argued that the Constitution of Kenya anticipates a judicial intervention in the removal of the President or his deputy from office.
“Rigathi Gachagua will cease being DP on the vote of the Senate. Unlike the removal of a Judge which can be appealed to the Supreme Court, impeachment of the President and DP is final and incapable of challenge. The Constitution did not contemplate judicial intervention on impeachment,” Havi said on X.
While responding to his remarks, Kipkorir disagreed with Havi.
He insisted that the High Court has the powers to interpret the Constitution and the exercise of judicial review.
The lawyer noted that the role of the Senate will be akin to that of a Tribunal and therefore is inferior to the High Court.
He added that Havi got it wrong in his interpretation of the matter.
“With the greatest respect, I demur with my friend, Nelson Havi, LSK President Emeritus. High Court has Original, Exclusive, Inherent and Unfettered Jurisdiction over the Interpretation of the Constitution and the exercise of Judicial Review powers of the writs of Certiorari, Mandamus & Prohibition.
“High Court’s powers to intervene where the Constitution & Procedure have been violated are unlimited. The Senate in exercise of its quasi-judicial powers as a Tribunal is subordinate to the High Court. Nelson Havi got it very wrong. His conclusion is jurisprudential heresy,” Kipkorir said.
His remarks come even as the Senate is set to probe the impeachment charges facing Gachagua after the National Assembly approved the motion.
The Deputy President will know his fate on Thursday, October 17, 2024.
Should the Senate uphold the National Assembly’s decision, Gachagua will become the first sitting Deputy President to be impeached.