High Court Declines to Stop Gachagua Impeachment Process
Embattled Deputy President Rigathi Gachagua faced a setback on Monday, October 7, when the High Court refused to issue interim orders to halt the impeachment motion against him.
The petition, filed by former United Democratic Alliance (UDA) Secretary General Cleophas Malala, sought to block the impeachment motion targeting the Deputy President.
However, High Court Judge Bahati Mwamuye declined to grant interim orders, even after Malala filed the petition a second time, seeking to stop the impeachment proceedings.
Justice Bahati Mwamuye issued directions for Malala’s case to be brought before the Presiding Judge of the High Court, Chacha Mwita, for further consideration.
Malala argued that the composition of both the Senate and the National Assembly violated constitutional gender rules under Articles 27(8) and 81(b) of the Kenyan Constitution, which stipulate that no more than two-thirds of elective bodies should be of the same gender.
Simultaneously, the National Assembly requested that all cases challenging the impeachment process be consolidated to ensure the petitions were addressed promptly.
“There are currently 13 petitions before the High Court in Nairobi and other locations across the country, all challenging the impeachment of Deputy President Rigathi Gachagua,” the application stated.
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On Thursday, the High Court declined to stop public participation in the impeachment motion tabled before the National Assembly.
The ruling came as the Deputy President was set to appear before Parliament to defend himself against the allegations in the impeachment motion.
Through his lawyers, Gachagua argued that the motion for his impeachment lacked a valid basis and misrepresented the facts.
In his petition, the Deputy President also challenged the limited time allocated for public participation by the National Assembly, arguing that it was insufficient to facilitate meaningful public engagement.
Gachagua accused National Assembly Speaker Moses Wetangula and Deputy Speaker Gladys Boss Shollei of conspiring against him, citing their public statements that appeared biased.
“The intended impeachment process seeks to overturn the sovereign will of the Kenyan majority who elected me as Deputy President,” Gachagua stated in his petition.
He emphasized that impeachment is a serious matter that should be conducted according to constitutional procedures.
High Court Declines to Stop Gachagua Impeachment Process
