Senate Speaker Amason Kingi has dismissed Deputy President Rigathi Gachagua's efforts to halt his impeachment trial, affirming that no court orders will deter the Senate from proceeding with the debate.
Kingi ruled on Monday, October 14, that no court orders would interfere with Parliament's constitutional mandate, setting the stage for the trial to begin on Wednesday and continue into Thursday.
Kingi dismissed claims that injunctions could halt the impeachment proceedings, stating, “Any injunction interfering with the work of Parliament has no effect on Parliament in the exercise of its constitutional functions.” His ruling comes as Justice Chacha Mwita prepares to deliver a decision on Gachagua’s latest attempt to block the Senate’s proceedings, which are set to commence tomorrow.
Efforts to derail the impeachment have intensified, with 26 cases now filed in court. The latest petitions, including one from Gachagua himself, challenge the legality of the National Assembly’s vote endorsing his removal. However, Kingi made it clear that the Senate would move forward, regardless of the mounting legal battles.
Chief Justice Martha Koome has assigned three judges—Eric Ogola, Anthony Mrima, and Dr Freda Mugambi—to handle six petitions contesting the impeachment. Gachagua’s lawyers argue that the impeachment process is flawed, citing inadequate public participation and discrepancies in data presented to Parliament. They claim that the Deputy President was not given a fair hearing on the 11 charges levelled against him.
In a separate case on Monday, Justice Dorah Chepkwony refused to grant an order halting the proceedings, as Gachagua’s legal team sought urgent intervention. The veteran lawyer Paul Muite argued that the limited timeframe for public input rendered the exercise a "sham." His pleas to stop the process were echoed in Milimani High Court, where Gachagua’s lawyers urged Justice Mwita to grant conservatory orders.
Despite the legal manoeuvres, National Assembly Majority Leader Kimani Ichungwah accused Gachagua of playing political games ahead of the 2027 elections, stating, “It is all about 2027. The man has tasted power and is now power hungry and blinded by greed." His comments point to a brewing political storm as the impeachment saga unfolds.
Behind the scenes, Gachagua is reportedly seeking a deal with President William Ruto. Sources claim emissaries from Gachagua’s camp have reached out to the President, hoping to secure certain privileges if he resigns before the Senate trial concludes. These include a pension, security detail, and VIP treatment, benefits he would lose if impeached before completing half his term.
Legal experts warn that the Senate’s determination to move forward could set a significant precedent. As Justice Lawrence Mugambi noted last week, Gachagua’s case is the first of its kind in Kenya’s history, involving the potential impeachment of a sitting Deputy President. “Considering the immense public interest this matter has generated... this matter deserves the input of the Bench,” Mugambi ruled.
With the Senate set to begin the trial on October 16 and 17, and 11 charges to be addressed, all eyes will be on Justice Mwita’s ruling today. If Gachagua’s legal efforts fail, the Senate will have the final say on whether he remains in office.
