Earlier today, the three bench of judges presided over by Justice Erick Ogola and comprising Anthony Mrima and Freda declined to issue a conservatory order to bar the Senate from proceeding with Deputy President Rigathi Gachagua’s impeachment motion.
Gachagua’s legal team had applied to the three judges seeking to halt the process after their plea to the high court failed after Justice Chacha Mwita yesterday ruled the impeachment should go on.
“Public interest in this case tilts in favour of parliament to first complete its legislative process and mandate; the applicant will not suffer prejudice if the Senate continues with the impeachment,” the three judges’ bench ruled.
Justice Eric Ogola said in the ruling that the applicant (DP Gachagua) can move to court to challenge the senate outcomes since the court can still adjudicate the matter.
DP Gachagua’s impeachment motion is in the second phase in the Senate, and the hearing is set to be heard and determined today and tomorrow. Gachagua only needs 23 senators to survive this impeachment process.
By Mwaura Kimani
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