NAIROBI, Kenya – Deputy Chief Justice Philomena Mwilu has stated that the ongoing impeachment process against Deputy President Rigathi Gachagua is entirely constitutional and not an unprecedented event, despite claims to the contrary.
Speaking in a video circulated by The Star, Mwilu emphasized that the impeachment procedure follows the framework laid out in the Kenyan Constitution.
She dismissed the notion that the trial was exceptional simply because it targets a sitting deputy president.
“The impeachment process that is ongoing regarding our Deputy President is not unique. It’s an application of the Constitution. It is not something that has been plucked from the air; it has a constitutional process to follow, and therefore to that extent, it is constitutional,” Mwilu said.
Her remarks come after political analysts and commentators suggested that Gachagua’s impeachment trial was setting a historic precedent.
This is the first time in Kenya’s history that a motion to remove a deputy president has been initiated, prompting debates on the gravity and uniqueness of the situation.
Mwilu clarified that if the case reaches the Judiciary, it would be handled strictly in accordance with the law. She reiterated the Judiciary’s commitment to following the constitutional guidelines in resolving such cases.
“If it comes to court after Senate, we cannot anticipate the outcome. It will be handled by those of us in the Judiciary in the manner the Constitution has authorized us to do. We cannot go outside the Constitution or the law,” she added.
The impeachment trial, which began on Wednesday in the Senate after the National Assembly approved the motion last week, charges Gachagua with 11 counts, including gross violations of the Constitution, corruption, and misconduct.
To succeed in removing Gachagua from office, at least 45 out of the 67 senators must vote in favor of the impeachment.
The proceedings continue on Thursday, with cross-examinations and re-examinations of witnesses expected to take center stage.
Speaking in a video circulated by The Star, Mwilu emphasized that the impeachment procedure follows the framework laid out in the Kenyan Constitution.
She dismissed the notion that the trial was exceptional simply because it targets a sitting deputy president.
“The impeachment process that is ongoing regarding our Deputy President is not unique. It’s an application of the Constitution. It is not something that has been plucked from the air; it has a constitutional process to follow, and therefore to that extent, it is constitutional,” Mwilu said.
Her remarks come after political analysts and commentators suggested that Gachagua’s impeachment trial was setting a historic precedent.
This is the first time in Kenya’s history that a motion to remove a deputy president has been initiated, prompting debates on the gravity and uniqueness of the situation.
Mwilu clarified that if the case reaches the Judiciary, it would be handled strictly in accordance with the law. She reiterated the Judiciary’s commitment to following the constitutional guidelines in resolving such cases.
“If it comes to court after Senate, we cannot anticipate the outcome. It will be handled by those of us in the Judiciary in the manner the Constitution has authorized us to do. We cannot go outside the Constitution or the law,” she added.
The impeachment trial, which began on Wednesday in the Senate after the National Assembly approved the motion last week, charges Gachagua with 11 counts, including gross violations of the Constitution, corruption, and misconduct.
To succeed in removing Gachagua from office, at least 45 out of the 67 senators must vote in favor of the impeachment.
The proceedings continue on Thursday, with cross-examinations and re-examinations of witnesses expected to take center stage.
