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Embattled Deputy President Rigathi Gachagua is set to face the Senate plenary after the High Court in Nairobi dismissed a petition, the DP's last attempt that sought to stop Gachagua's impeachment by the Senators.

The three-judge bench presided by Judges Eric Ogola, Fridah Mugambi and Anthony Mrima ruled that the Constitution outlined separation of powers thus barring the High Court from stopping the Senate's proceedings.

The court in its ruling noted that DP Gachagua's petition to stop his impeachment raised constitutional issues that required further judicial interrogation. 

According to the High Court judges, the Senate's proceedings to impeach the second in command were lawful and the Senate plenary would equally determine all the issues raised by the petitioner in his suit.

An image of Milimani Law courts.

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"It is our view that this is not one such case where intervention is automatic. The issues raised by the parties will be required to be interrogated. We, therefore, find that the enhancement of the constitutional principle of separation of powers will be best served by declining the application at this point," the court ruled.

"The Senate will conduct a trial where all the issues raised before the court will be addressed. At the moment, we are being called upon to anticipate an outcome of a process that is yet to be completed, the application in this stage is premature," the court added. 

However, in its ruling, the three-judge bench granted the deputy president the opportunity to appeal his dismissal by the Senate plenary at the Apex court should the lawmakers impeach him.

The court also maintained that the embattled deputy president would only cease holding office once all the constitutional processes were complete including a determination of the appeal filed by Gachagua if impeached.

"On the issue that has been raised that as soon as the Senate impeaches the DP, if at all that happens, that the DP immediately ceases holding office and that it cannot be reclaimed, we take the view that every office holder can only assume office legally and constitutionally," the court stated.

The court decision comes barely a day after another court declined to stop the Senate's proceedings on the impeachment of the second in command. Gachagua had moved to court seeking conservatory orders to stop his impeachment that is currently underway at the Senate.

Even as the process to impeach Gachagua gains momentum, the deputy president is expected to appear before the Senate on Wednesday at noon to defend himself against the allegations leveled against him by the National Assembly.

During the proceedings, both Gachagua and the National Assembly are set to present their witnesses who will testify before the Senate, the parties will also present their legal teams to battle it out in front of the lawmakers.

Deputy President Rigathi Gachagua attends a church service in Meru on September 29, 2024.

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The High Court has rejected Deputy President Rigathi Gachagua's attempt to halt the Senate's upcoming impeachment proceedings, paving the way for the trial to begin as scheduled on Wednesday, October 16.

Justice Chacha Mwita delivered the ruling on Tuesday, October 15, dismissing Gachagua’s petition that sought to restrain the Senate from acting on the National Assembly’s resolution passed on October 8. The ruling allows the impeachment process in the Senate to continue.

"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.

In his opinion, Justice Mwita reasoned that the Constitution has delegated the impeachment process to Parliament, and the court must show restraint in meddling with the process. Justice Mwita, however, ruled that the challenges raised in the petition can be considered after the Senate concludes its role.

A collage of former Deputy President Rigathi Gachagua and Parliament Buildings.

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Parliament, Gachagua

Justice Mwita ruled the court had the jurisdiction to hear the petition brought by Gachagua, despite some of the responders to the petition arguing that the court had no jurisdiction since the matter in question stemmed from a constitutional process. 

Gachagua's petition, filed last week, argued that the impeachment motion was flawed and deviated from the original accusations against him. He requested a conservatory order to stop the Senate hearing, insisting, "Pending the hearing and determination of the substantive petition herein, a conservatory order should be issued restraining and prohibiting the Senate from proceeding with the impeachment hearing."

The Deputy President contended that the motion amounted to a "vicarious assault" rather than a legitimate inquiry, alleging that the proceedings were marred by intimidation and undue influence on MPs. He accused the National Assembly of rushing the process to avoid judicial oversight, thus undermining constitutional principles.

Gachagua’s legal team criticised the impeachment as a personal attack on him and his family, claiming that the accusations did not meet the threshold of gross misconduct. He also argued that the motion violated the legal doctrine of exhaustion, asserting that alternative remedies should have been explored before resorting to impeachment.

However, Justice Mwita ruled that there was no basis to halt the Senate’s proceedings, noting that the court could not interfere with the constitutional mandate of Parliament. The decision set the stage for the impeachment trial to proceed as planned, with hearings slated for October 16, 17, and 18.

Meanwhile, Senate Speaker Amason Kingi weighed in, declaring on Monday, October 14, that no court orders could obstruct Parliament from fulfilling its constitutional duties. “Any injunction interfering with the work of Parliament has no effect on Parliament in the exercise of its constitutional functions,” Kingi stated, reaffirming the Senate's readiness to proceed with the debate.

Deputy President Rigathi Gachagua, Interior Cabinet Secretary Kithure Kindiki, and Kirinyaga Governor Ann Waiguru at a past meeting.

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DPPS

The Senate on Monday terminated the impeachment hearing of Governor Eric Mutai whose motion arrived in the Senate following an impeachment by 31 members of the Kericho Members of County Assembly (MCAs).

Governor Mutai survived the impeachment after 34 senators voted to discontinue the hearing against 10 voted in support. There was zero absentee.

"Honourable Senators, the result for the division is as follows; Ayes are 34, Nays 10 and abstention at zero so the ayes have it," Senate Speaker Amason Kingi announced

"Honourable Senators, the motion having been approved, the hearing proceedings on the proposed removal from office by the impeachment of honourable Dr Erick Kimutai, the Governor of Kericho County, hereby terminates and the senate now stands adjourned."

An aerial view of senators seated during proceedings in the Senate of Kenya

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Senate of Kenya

A record of 34 Senators voted to uphold Mutai’s objection in a delegation vote done electronically.

Governor Mutai had argued the county assembly failed to achieve the two-thirds threshold required by law a matter that was disputed by various Senators.

Senators took to the ballot to determine the objection of the two-thirds threshold raised by the governor where 31 MCAs out of 47 voted in support of the impeachment of Governor Mutai.

Senators chimed in on the two-third threshold, some supporting that 31 MCAs met the rule while others refuting the claim. “The High Court has already pronounced itself on the matter of rounding off a decimal to the nearest whole number in the case of Tana River County,” Senator Enoch Wambua of Kitui posited.

On his part, Counsel Elias Mutuma stated, “It is a scientific fact that 47 MCAs divided by two-thirds is 31.3 MCAs. It is not possible for a human being to be a fraction. What do you want the Governor to prove?”

Counsel Hillary Kiplangat argued, “The Speaker of the County Assembly of Kericho was guided by a decision of the High Court that when rounding off, one round off to the nearest whole number. Two-thirds of the Kericho County Assembly is 31.3 MCAs rounding off to 31 members."

The impeachment motion was brought against the governor on grounds of gross violation of the Constitution and other laws including; misappropriation, misallocation, and illegal drawings of county revenue and county finances and misappropriation and/or abetting misappropriation of publicly raised funds.

Inevitably, the governor was also accused of gross misconduct and gross violation of the provisions of Articles 10, 73, and 75 of the Constitution and sections 29 and 34 of the Leadership and Integrity Act by publicly disparaging, demeaning, and undermining several members of his county including his MCAs.

Governor Mutai joins a list of governors who survived impeachment. Among them are: Mwangi wa Iria, former Governor of Murang’a, Paul Chepkwony, former Governor of Kericho, Granton Samboja, former Governor of Taita Taveta, and the late Nderitu Gachagua of Nyeri.

Kericho Governor Eric Mutai at a past event.

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Eric Mutai

The Energy and Petroleum Regulatory Authority (EPRA) on Monday, October 14, issued a fresh update on prices of super petrol, kerosene and diesel as all three experienced a significant drop in the latest monthly review.

The biggest change saw Super Petrol reduce by Ksh8.18 from Ksh188.84 to Ksh180.66. Diesel price was reduced by Ksh3.54, going from Ksh171.6 to Ksh168.06.

Meanwhile, kerosene also experienced a drop, going from Ksh158.32 to Ksh151.39.

"In accordance with Section 101(y) of the Petroleum Act 2019 and Legal Notice No.192 of 2022, we have calculated the maximum retail prices of petroleum products, which will be in force from 15th October 2024 to 14th November 2024," EPRA said in their statement.

A person refuels his car at a petrol station.

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Trading Room

EPRA further announced a substantial decrease in the landed cost of imported Super Petrol which lowered by a massive 8.59%, going from Ksh90,013.91 (USD697.62) per cubic metre in August to Ksh 82,282.43 (USD637.70) per cubic metre in September 2024.

The landed cost of Diesel also went down by 5.52%,  going from KSh 86,883 (USD673.36) per cubic metre. to KSh 82,091.47 (USD636.22)  per cubic metre.

Other towns: In Mombasa, the prices of super petrol, diesel and kerosene will retail at Ksh.177.42, Ksh.164.82 and Ksh.148.45 respectively.

Prices are marginally different in Kisumu, with consumers set to but petrol at Ksh.180.68, diesel at Ksh.168.44 and kerosene at Ksh.151.82.

There was an expectation that fuel prices would drop, especially since the Kenyan shilling has been holding its own against the US dollar. According to the latest exchange rates the shilling traded at 128.50/129.50 against the dollar, which was the same rate as from last Friday, according to data from the London Stock Exchange Group.

In the last review (September), fuel prices remained the same despite a strengthening shilling and a global drop in oil demand.

The lower fuel prices also came days after the Central Bank of Kenya announced a global increase in oil prices in the last week ending October 9, with a surge in demand coupled with heightened tensions in the Middle East as key factors driving prices up.

Last week, the cost of Murban oil jumped to USD 78.62 on October 9, up from USD 76.54 just a week earlier, sparking concerns that the spike in prices would ripple into fuel prices in the new review.

EPRA DG Daniel Kiptoo speaking during a stakeholders forum on February 5, 2024.

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EPRA

The Nyeri High Court has ordered the closure of the boarding facilities at Hillside Endarasha Academy, raising serious concerns over the safety and well-being of students just weeks after a deadly fire claimed 21 lives at the school.

The ruling was issued on Friday, October 11, following petitions from the Kenya Human Rights Commission (KHRC) and other concerned groups.

Justice Issac Ondigi, presiding over the case, stated that while the school itself could remain open, the dormitories posed a significant risk to the health and safety of the pupils. "I do not find it necessary to bar the reopening of the school, noting that the academic term is near its end," the judge remarked.

However, he upointed out that there was a credible threat to the welfare of the minors and ordered that no students be housed at the boarding facilities until further assessments are completed.

An image of one of the wooden dorms at Endarasha Hillside Academy

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This order follows the September 5 fire that tore through one of the school's dormitories in Kieni constituency, tragically killing 21 boys and injuring over a dozen others. The fire’s cause remains unknown, intensifying calls for more thorough investigations and accountability from the school administration.

The school, which reopened on Wednesday after a month-long closure, was not expected to shut its boarding facilities so soon. The Ministry of Education had given the green light for the school to resume operations after quality assurance officers conducted assessments and deemed it safe for students to return.

However, the court's latest ruling throws that assurance into doubt, as structural concerns remain unresolved.

The boarding facility that caught fire had been home to 152 boys on the night of the inferno, just four short of its 156-student capacity. While renovation works on the damaged dormitory have been ongoing, the court's decision now forces the school to address safety concerns more comprehensively before students can return to any of the dormitories.

The court also ordered the school to submit reports on health and safety measures, as well as the structural integrity of the dormitories, to the relevant parties by October 16. Failure to comply could lead to more stringent penalties or a prolonged closure of the boarding facilities.

The tragedy prompted a public outcry, with groups like the KHRC and the Elimu Bora Working Group calling for action to protect students. These organisations, along with a concerned parent, David Karani, filed the petition, arguing that the school was not fully equipped to guarantee the safety of students despite efforts to repair the damage.

Jane Njogu, the Nyeri County Director of Education, had previously assured parents that significant repairs had been made. She noted that masons were working around the clock, ensuring that all was ready for the students' return. 

"They are moving very fast; they have done a lot of constructions and reconstructions to ensure that the learners are comfortable when they come back to school," Njogu stated.

Part of a dormitory is seen following a fire at the Hillside Endarasha Primary in Nyeri,6 September 2024.

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The High Court on Friday referred the cases challenging the impeachment of Deputy President Rigathi Gachagua to Chief Justice Martha Koome to appoint three judges to hear and determine the matter.

In his ruling, Justice Lawrence Mugambi noted that the cases raised serious constitutional questions that required the intervention of the Chief Justice.

"In my view, despite stiff opposition by the respondents, it is my opinion that these cases raised weighty constitutional questions that fall under Article 163 hence I am persuaded to refer them to the Chief Justice," Mugambi stated.

"The courts do not exist to serve the intellectual stimulation of the elites but to serve the public in matters of great concern and this one is one of those rare occasions that the court should arise to the occasion to serve the public with all the resources that it can summon."

Senior Counsel Paul Muite argues in court in 2017

The ruling comes a day after the Deputy President's legal team led by Senior Counsel Paul Muite claimed that the impeachment of Gachagua raised several constitutional issues since it was the first time that the country was facing an impeachment of the deputy president since the promulgation of the new constitution.

In his argument, Muite called on the court to consider referring the case to the Supreme Court for the appointment of three judges to hear and determine the case.

According to Muite, the impeachment of a deputy president differed from that of the president and even the governor, further stating that the motion to impeach Gachagua did not undergo adequate public participation.

The lawyers further argued that the deputy president should have first been allowed to respond to the eleven charges levelled against him before undertaking public participation to allow Kenyans to make informed decisions.

"It is not about the number in the National Assembly. There has to be proof of gross violation of the Constitution. The right to a fair trial cannot be limited. There are weighty issues in a presidential system," Muite argued.

With the case currently in the Senate for consideration, the matter is set to be heard through plenary during which the lawmakers will interrogate all the 11 charges before the deputy president responds to the allegations. 

Gachagua will be handed four hours to defend himself with the assistance of his legal team. During the trial, both the National Assembly and Gachagua's team will present witnesses who will be allowed to testify before the Senators.

Deputy President Rigathi Gachagua attends a church service in Meru on September 29, 2024.

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The Senate will hear the impeachment motion against Deputy President Rigathi Gachagua on Wednesday and Thursday next week via the plenary way.

The Senate made the decision on Wednesday morning, allowing all 47 Senators to hear the case against Gachagua and then table a report in the House.

The decision was arrived at after the Minority Leader in the Senate, Edwin Sifuna, opposed the motion to determine whether the Senate would utilise the committee where 11 senators would listen to the motion against Gachagua.

Sifuna was called upon during a Senate sitting to second the motion tabled by Majority Leader Aaron Cheruiyot. While moving the motion, Cheruiyot stated, "This is uncharted territory that the Senate is being invited to conduct the impeachment hearing of a Deputy President. Much as this is constitutional, it is the first time this is happening. I want to urge members to agree with me that we elect 11 of our wisest to read on our behalf and make a decision."

Nairobi Senator Edwin Sifuna speaking during first edition of the Battle of The Choirs Festival on April 10, 2023.

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Edwin Sifuna

Sifuna while refusing to second the motion stated, “This is a matter that is very unique and has elicited public attention. Therefore, given the mood of the house especially on the minority side, I respectfully decline to second that motion.” 

This left the Senate with the option but for all members to hear the impeachment motion against Gachagua. As a result, Speaker Amason Kingi directed that Gachagua file his responses by Monday at 5:00 pm.

Kingi also directed that the Senate hear the impeachment motion against DP Gachagua on Wednesday and Thursday, October 16 and October 17 next week. 

"You will note that the Senate Majority Leader has moved a motion, the motion has however, failed to get a seconder, Standing Order 70 of the Senate SOs states that the question on any motion shall not be proposed unless it shall has been seconded and any motion that is not seconded shall be deemed to have been withdrawn and shall not be moved again in the same session," asserted Kingi.

Before then, the Senate clerk will today send communications to Gachagua and the National Assembly on the plenary schedule as well as the dates to file responses. The clerk of the Senate has up to Tuesday evening to share all documents relating to the motion with all Senators. 

On Tuesday, October 8, the National Assembly voted in favour of impeaching DP Gachagua, making him the first deputy President to face that fate under the 2010 Constitution. He now faces the opportunity of remaining in office if he can convince senators that the charges against him are not substantiated. 

In the Senate, unlike the National Assembly, the mover of the motion MP Mwengi Mutuse will have the opportunity to call witnesses and introduce more evidence against Gachagua. The country's second in command can cross-examine the witnesses, and introduce evidence to impeach their testimony. 

Gachagua will also be free to call any witnesses to either impeach or make his case against the 11 charges staring at him. In the Senate, when it comes to voting, Senators will vote on each and every charge separately, and should they find him guilty of even one, they will uphold the impeachment from the National Assembly.

If Gachagua is not happy with the decision made by the Senate, Gachagua can head to the courts, and this process may drag the matter along. With just three years left to the Kenya Kwanza administration, the political restructuring could force President William Ruto to rethink his 2027 strategy.

President William Ruto (right) welcomes Azimio La Umoja party leader, Raila Odinga, at Mukami Kimathi's funeral in Nyandarua on Saturday, May 13, 2023

PCS

Deputy President Rigathi Gachagua is on the verge of impeachment after more than two-thirds of the Members of the National Assembly voted to oust him on Tuesday, October 8.

Gachagua's worst fears were confirmed after 281 members voted to impeach the deputy president (a figure that was way above the required 233 threshold) while only 44 saved the DP. One MP voted to abstain.

"Abstentions: One, the No's - 44; the Ayes - 281, so the Ayes have it. The clerk is directed to prepare the necessary documentation to enable this," National Assembly Speaker Moses Wetangula said on Tuesday evening directing the clerk to forward the decision to the Senate Speaker.

How it happened: Kibwezi West MP Mwengi Mutuse formally tabled the impeachment motion in Parliament last week detailing 11 charges against the Deputy President. The charges ranged from gross misconduct, violation of the Constitution, and undermining the office of the President among others..

Deputy President Rigathi Gachagua before the National Assembly on Tuesday, October 8, 2024. PHOTO/ National Assembly.

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After a public participation exercise was conducted, a report was formally tabled in the National Assembly on Tuesday, October 8, which revealed that 116,269 respondents supported Gachagua's impeachment, while only 69,195 voted against it

While moving the motion on Tuesday, the Kibwezi MP broke down the damaging allegations against the DP on all 11 clauses. His closing remarks entailed imploring MPs to vote to impeach the Deputy President.

There were early signs that the odds were not in Gachagua's favour at the National Assembly, as a considerable number of Members of Parliament stepped up to back Mutuse's motion. The DP, however, had some supporters who opposed the motion, with Kirinyaga Woman Representative Jane Njeri Maina and Githunguri lawmaker Gathoni Wamuchomba among his fierce defenders before the National Assembly.

The besieged DP appeared before the National Assembly at around 5:17 pm to defend himself against the charges reiterating that the properties listed in the impeachment motion such as Olive Gardens Hotel and the Vipingo Beach Resort belonged to his late brother, the former Nyeri governor Nderitu Gachagua.

Unlike on Monday when he solely read his defence during a televised press briefing, the DP supplemented his defence by providing video evidence from past clips to give context to some of his past sentiments.

"Like any other Kenyan, the constitution gives me the presumption of innocence in relation to criminal offences until proven otherwise in a court of law in a specific standard of evidence," the DP said before the National Assembly.

On Monday, Gachagua's presser mainly revolved around defending himself against allegations that he amassed KSh 5.2 billion within two years, saying a majority of what he was accused of fraudulently acquiring belonged to his late brother.

"My brother appointed me the executor of his will," he said. "Today, as I defend myself, I apologize to my late brother for having to share his private will. The properties he worked so tirelessly for, meant to benefit his family, are now being labelled as proceeds of corruption."

What next for Gachagua? Now that the impeachment motion has passed, the verdict is set to move to the Senate, which will conduct a trial on the charges tabled against the DP.

If the Senate backs the motion too, Gachagua would become the first deputy president to be impeached since the new constitution was adopted in 2010.

A collage of former Deputy President Rigathi Gachagua and Parliament Buildings.

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Parliament, Gachagua

The High Court on Tuesday awarded six judges Ksh126 million after concluding that their rights were violated when former President Uhuru Kenyatta failed to appoint them as judges at the Court of Appeal and other ranks in 2022.

The six judges; Joel Ngugi, George Odunga, Aggrey Muchelule, Weldon Korir, Evans Makori, and Judith Omange were left out after Uhuru appointed 34 of the 40 candidates nominated by the Judicial Service Commission (JSC) to the Court of Appeal, Environment and Lands Court, and the Employment and Labour Relations Court. 

In his ruling, Justice Chacha Mwita stated that he factored in the humiliation and mental disturbance that the six endured after Uhuru declined to appoint them to their positions as recommended by the JSC.

"The constitution does not give him discretion when it comes to appointing Judges. What he (former President) did left the six in an awkward position full of anxiety about what was happening and why they would not be appointed," Mwita stated in his ruling.

High Court Judge Chacha Mwita

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Mwita also faulted Uhuru's public statements and insinuations on the suitability of the six judges observing that this amounted to violation of their rights as dictated by the law. 

''There can be no worse violation than when a president of a country makes public statements and innuendos casting aspersions of the suitability of state officers to serve in the position they had been recommended,'' he added.

Mwita added that the 6 judges were forced to undergo negative speculation on why they had not been appointed, this was mainly based on the fact that the then President failed to give them a reason why they had not been appointed.

He added that the ruling would send a clear message and a reminder that the rights of all Kenyan citizens must be respected as provided for by the Constitution.

"The petitioners had to endure negative speculation on why they had not been appointed, injuring their dignity. It will send a clear message and remind that rights must be protected and respected as demanded by the constitution," 

The judge also asserted that the events that led to the rejection of the six petitioners were meant to subvert the independence of the Judiciary and the rule of law.

During his time in office, Uhuru declined to appoint the 6 judges claiming that he had received credible information from the National Intelligence Service (NIS) cautioning against their appointment due to questions on their character.

The six were however appointed to their respective positions as per JSC's recommendations when President William Ruto ascended into power.

President William Ruto, and Deputy President Rigathi Gachagua during the swearing-in of 6 judges.

PCS

Residents of Likoni were thrown into panic after a passenger bus plunged into the Indian Ocean with passengers onboard in a harrowing Sunday morning incident.

The bus, which was travelling to Nairobi from Ukunda, slipped into the ocean with as it was making its way into the ferry.

Speaking to Kenyans.co.ke, A Kenya Red Cross officer confirmed nine passengers sustained injuries in the incident. Luckily, rescuers attached to the Kenya Red Cross were at the scene.

"We have people on site but the bus has been retrieved from the water. We have received reports that there were approximately nine people injured. They were inside the bus," the officer stated.

An image of the bus in Likoni. PHOTO/Maseke Peter.

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"No deaths have been reported but we are still monitoring the situation for more updates," the officer added.

Photos and videos of the incident showed the orange bus overturned and half immersed in the ocean while on its side as rescue operations from divers and samaritans were ongoing.

It is still unclear how many people were inside the bus when it plunged into the ocean, although nine people were rescued.

Less than 24 hours earlier, there was a similar incident involving a truck which narrowly avoided hitting passengers at the Likoni Ferry crossing channel, plunging into the ocean in the process.

No one was injured from the incident, although there was a major traffic snarl up since the lorry blocked a key area at the channel.

The bus incident was almost similar to one that occurred three years ago where a bus transporting tourists slipped into the ocean after its brakes failed. Luckily, passengers had alighted from the bus to allow it to access the ferry at the Likoni Crossing channel, but the driver and his assistant needed rescuing from the sinking bus.

Notably, the risks commuters endure at the Likoni crossing channel were further highlighted in August 2024 when four people were injured after a night stampede at the crossing channel.

Passengers were reported to have gotten impatient after an MV Jambo, a large ferry, left passengers stranded after stalling for hours.

The Likoni Ferry channel is one of the busiest in East Africa, with an estimated 300,000 people and 6,000 vehicles crossing it daily. The Likoni Ferry, which kicked off operations in 1937, serves Mombasa from the Island to the mainland side of Likoni on the Kilindini Harbour.

A photo of passengers offboarding the Likoni Ferry in Mombasa

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KPA