After a day filled with drama, the Senate finally voted to impeach Deputy President Rigathi Gachagua with Senators voting to uphold the National Assembly's decision to hound the second in command out of office.
This historic decision marks the first time the country has impeached a sitting deputy president under the 2010 constitution. However, even as this happens, Kenyans have been left wondering what lies next for Rigathi Gachagua who was reported ill shortly before National Assembly lawyers were set to cross examine him at the Senate trial.
If his bid to stop the impeachment flops at the courts, Gachagua will be unable to contest for any elective position in Kenya dealing his once promising career a blow.
However, the High Court, while declining to stop the Senate trial, observed that Gachagua can still seek legal redress even after impeachment.
“Should the petitioner not succeed, the petitioner still has the opportunity to approach the court after the process, the applications are not without a remedy,” the court clarified. The Deputy President, therefore, will continue holding office until all the Constitution processes are completed.
If he decides to take the court route, the deputy president will need to seek orders from the High Court suspending the Senate’s decision from taking effect until legal avenues are exhausted.
"The assumption of office cannot oust the court's jurisdiction. The court has unfettered jurisdiction to check on the constitutionality of the process at whatever stage,” the judges confirmed.
It is possible the matter might go all the way to the Supreme Court.
Earlier on Thursday, Deputy Chief Justice Philomena Mwilu affirmed that the impeachment motion was not unique in any way and that the Judiciary could handle it as per the Constitution.
"If it comes back to the courts, after the Senate, it is a case like the next case. It will be handled by we who sit in the Judiciary in the manner the Constitution has authorised us to do. We can't go outside the Constitution, we can't go outside the law,” Mwilu stated.
Gachagua had initially on Sunday, October 13 expressed his confidence that the courts would be impartial and give a fair ruling.
“I have no doubt that our eminent judges will protect and uphold the Constitution and always make sure that the will of the people is sovereign,” he stated at the time.
If he fails to appeal the Senate’s decision in the courts, Gachagua will stand impeached and the President will then nominate a new second-in-command to deputise him and present the name to the national assembly within 14 days. The National Assembly will then adhere to constitutional procedures outlined in Article 149 and will have up to 60 days to approve the nominee.
Some names fronted to replace Gachagua are Interior CS Kithure Kindiki, Kirinyaga Governor Anne Waiguru, Prime CS Musalia Mudavadi, Homabay Governor Gladys Wanga, and even the opposition leader Raila Odinga.
There have been speculations that President William Ruto will make his nomination known by the end of the day, Friday. However, Kenyans still await his official address concerning this historic political event.
On the flip side, if the courts overturn the Senate's decision, Gachagua will retain his seat and continue working alongside the President.
