NAIROBI, Kenya – Deputy President Rigathi Gachagua has encountered another legal obstacle after a three-judge bench declined to halt the Senate’s impeachment process against him.
The ruling, delivered on Wednesday by Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi, emphasized the principle of separation of powers, underscoring that the courts should not interfere prematurely with proceedings of other government institutions.
The judges rejected Gachagua’s application, noting that judicial intervention at this stage would be premature, as the Senate’s process had yet to be concluded.
“The doctrine of separation of powers will be best served by declining the application at this stage,” they stated. The court’s role, they stressed, was not to anticipate outcomes but to ensure that constitutional processes are followed.
While acknowledging that the petitions before them raised significant constitutional questions, the judges ruled that the Senate’s impeachment process was lawful and should proceed without interference.
They assured that the court retained the authority to review the constitutionality of the proceedings at any point if necessary.
Additionally, the bench noted that should the impeachment lead to Gachagua’s removal from office, the succession process must be carried out in strict adherence to legal provisions.
“Whoever assumes that office must do so legally,” the ruling stated.
In their closing remarks, the judges pointed out that Gachagua had raised similar arguments before Justice Chacha Mwita in a previous bid to block the impeachment, which had also been unsuccessful.
They maintained that their ruling did not override the single-judge decision, affirming, “We are not persuaded that the decision of a three-judge bench is superior to that of a single judge.”
The ruling, delivered on Wednesday by Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi, emphasized the principle of separation of powers, underscoring that the courts should not interfere prematurely with proceedings of other government institutions.
The judges rejected Gachagua’s application, noting that judicial intervention at this stage would be premature, as the Senate’s process had yet to be concluded.
“The doctrine of separation of powers will be best served by declining the application at this stage,” they stated. The court’s role, they stressed, was not to anticipate outcomes but to ensure that constitutional processes are followed.
While acknowledging that the petitions before them raised significant constitutional questions, the judges ruled that the Senate’s impeachment process was lawful and should proceed without interference.
They assured that the court retained the authority to review the constitutionality of the proceedings at any point if necessary.
Additionally, the bench noted that should the impeachment lead to Gachagua’s removal from office, the succession process must be carried out in strict adherence to legal provisions.
“Whoever assumes that office must do so legally,” the ruling stated.
In their closing remarks, the judges pointed out that Gachagua had raised similar arguments before Justice Chacha Mwita in a previous bid to block the impeachment, which had also been unsuccessful.
They maintained that their ruling did not override the single-judge decision, affirming, “We are not persuaded that the decision of a three-judge bench is superior to that of a single judge.”
