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Deputy President Rigathi Gachagua has suffered yet another setback after a three three-judge bench on Wednesday declined to stop the Senate impeachment trial.
Justices Eric Ogolla, Anthony Mrima and Freda Mugambi ruled that at this stage they can only exercise restraint and allow independent institutions of government to function unhindered.
They cited separation of powers saying courts should be reluctant to take over mandates of other arms of government.
"This is not a case where intervention is automatic. The doctrine of separation of powers will be best served at declining the application at this stage," they said.
The bench ruled that the application by Gachagua is premature as they are being called to anticipate on an outcome that's yet to be concluded.
They agreed that the petitions before court raise weighty constitutional issues that require further interrogation but the process before the Senate is lawful and should be allowed to proceed.
And in the event the Senate impeaches the DP and he ceases holding office, the bench said whoever will assume that office must do so legally.
"We have jurisdiction to check on the constitutionality of the process at any stage," they said.
In closing the three judges said the issues raised by the DP were similar to those he had raised before Justice Chacha Mwita who also declined to issue an order stopping the trial.
"We are not persuaded that the decision of a three-judge bench is superior to that of a single judge," they said.