logo

Why Gachagua’s impeachment is not unique – Mwilu

To remove the DP from office, at least 45 senators out of the total 67 are required to approve.

image
by BRIAN ORUTA

Realtime17 October 2024 - 10:34

In Summary


  • Mwilu said this is because it is a process laid out in the Constitution of Kenya, with a systemic way of doing it.
  • The Deputy CJ noted that if the case gets to the Judiciary, it will be handled in the manner prescribed by the Constitution.

Deputy Chief Justice Philomena Mwilu (HANDOUT)

Deputy Chief Justice Philomena Mwilu now says that the ongoing impeachment of Deputy President Rigathi Gachagua is not a unique process.

In a video seen by the Star, Mwilu said this is because it is a process laid out in the Constitution of Kenya, with a systemic way of doing it.

“The impeachment process that is ongoing regarding our Deputy President is not unique. It's an application of the Constitution. It is not something that has been plugged from the air, it has a constitutional process to follow and therefore to that extent it is constitutional,” she said.

Mwilu comments come after remarks by analysts that the DPs impeachment is a unique process for the country.

They have largely based their arguments on the fact that it is the first time there is an impeachment motion against a sitting deputy president.

The Deputy CJ noted that if the case gets to the Judiciary, it will be handled in the manner prescribed by the Constitution.

She said that the Judiciary cannot go outside the law in its decision on the matter.

“If it comes to court after Senate, we don’t know what it is, we cannot anticipate the outcome, it will be handled by we who sit in the Judiciary in the manner the Constitution has authorised us to do and in the manner the law has authorised us to do. We cannot go outside the Constitution or the law,” Mwilu added.

The impeachment hearing began on Wednesday at the Senate after the National Assembly approved the motion last week. It will end today.

Gachagua is facing 11 charges, including gross violation of the constitution and laws, corruption and bullying among others.

To remove the DP from office, at least 45 senators out of the total 67 are required to approve.

The impeachment trial continues Thursday with cross-examinations and re-examination of witnesses.



logo© The Star 2024. All rights reserved