Deputy President Rigathi Gachagua’s impeachment trial will proceed in the Senate after the High Court in Nairobi declined to grant conservatory orders.

In a ruling on Tuesday, Justice Chacha Mwita allowed the impeachment process to move forward.

Gachagua is scheduled to appear before the Senate to respond to the charges brought against him by the National Assembly.

He has maintained that the impeachment is politically driven but remains confident that the judiciary will deliver a fair verdict.

Gachagua’s legal team, led by Senior Counsel Paul Muite and lawyer Tom Macharia, requested on Monday that Justice Chacha Mwita issue an order to halt the Deputy President’s impeachment process.

However, Justice Mwita explained that while the constitution allows courts to intervene in cases of human rights violations, the judiciary must exercise caution in impeachment matters.

He emphasized that the impeachment process is a parliamentary responsibility that should be allowed to proceed.

“There must be a delicate balance in the respective mandates of different arms of government. Courts should strive to maintain this balance and respect parliament’s constitutional role,” Mwita stated.

The judge then referred the case to Chief Justice Martha Koome to appoint a bench to hear and determine the case, noting that it involves significant constitutional issues.

He added that the Chief Justice will consider whether a three-judge bench, which was recently constituted to address previous challenges to the Deputy President’s impeachment, will handle this petition as well.

Therefore, the impeachment trial against Gachagua will proceed in the senate on Wednesday 16th October.

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