Deputy President Rigathi Gachagua is facing growing pressure to step down after the High Court on Tuesday, October 15, declined to grant conservatory orders to stop the impeachment process against him. High Court Judge Chacha Mwita ruled against Gachagua’s plea to temporarily halt the parliamentary process, leaving the DP’s fate in the hands of the Senate.

In his ruling, Justice Mwita acknowledged the court’s authority to intervene in cases of constitutional infringement but maintained that Parliament had the right to hear and determine the impeachment motion as part of its mandate as a state organ.

“Having considered the application and argument by parties, the Constitution, and the precedent, the prayer for the grant of conservatory order is hereby declined,” ruled Justice Mwita, effectively setting the stage for Gachagua’s impeachment hearing in the Senate.

Key Highlights:

• The court declines to stop the impeachment of Deputy President Gachagua, leaving the Senate to decide his fate.
• A lawyer advises Gachagua to resign before the Senate hearing to protect his political career.
• Gachagua faces the risk of becoming the first Kenyan Deputy President to be impeached.

Lawyer Urges Gachagua to Step Down

Following the High Court’s decision, prominent lawyer Ahmednasir Abdullahi urged Gachagua to resign before the Senate impeachment trial begins. Abdullahi warned that Gachagua has a limited window to make this decision, stressing that stepping down now could save his political future.

“Hon. Rigathi Gachagua has a very short window to resign. If he wants to have a new lease of life in politics, he must resign before the impeachment motion kicks off in the Senate,” Ahmednasir advised.

The lawyer pointed out that once the Senate proceedings begin and evidence is tabled, it will be difficult for Gachagua to halt the process. Even if he resigns midstream, Abdullahi argued, the impeachment will proceed, and the Senate will still render a judgement.

“If he tries to resign midstream when the impeachment process is in motion and evidence is tabled and prosecuted by the representatives of the National Assembly, the Senate will not stop the process. It will continue and render judgement, his belated resignation notwithstanding,” the lawyer added.

Gachagua’s Legal Battle Hits a Wall

This is not the first time Gachagua has sought legal recourse to block the impeachment process. In an earlier attempt, Gachagua’s lawyer, Paul Muite, argued that the impeachment motion was rushed, depriving the public of adequate time for input. However, Justice Dorah Chepkwony rejected that plea, ruling that the proceedings could continue.

The Deputy President’s team has made numerous attempts to delay or stop the impeachment, but with every legal hurdle now seemingly cleared, Gachagua faces the stark reality of a Senate trial.

What Happens Next?

As things stand, Gachagua’s fate will be determined by the Senate, with the trial scheduled to begin on Wednesday and expected to last at least two days. However, the process could extend if more time is needed to review evidence and cross-examine witnesses.

For Gachagua to be impeached, at least two-thirds of the 45 senators must vote in favour of his removal. If the Senate votes to impeach him, Gachagua would become the first Deputy President in Kenya’s history to be ousted through this process.

Even if impeached, Gachagua would still have the option to challenge the decision in court, which would mark his 27th legal battle during this impeachment saga. However, political analysts note that regardless of the court’s outcome, the damage to his political career would already be done.

Background: Political History of Impeachment in Kenya

Gachagua’s impeachment process is part of a larger pattern in Kenya’s political history. Impeachment has become a tool used by political opponents to challenge leaders in public office. In recent years, several governors and county officials have faced impeachment, with varying outcomes. However, Gachagua’s case is unprecedented, as no Deputy President has ever faced the process.

The Deputy President’s struggle has been marked by frequent clashes with his political opponents, and this impeachment battle is seen by many as the culmination of a long-standing power struggle within Kenya’s political landscape.

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