The High Court has declined to issue conservatory orders that would have temporarily stopped the impeachment motion against Deputy President Rigathi Gachagua in the Senate.
Gachagua had filed 26 cases in court challenging the impeachment proceedings, arguing that they were politically motivated.
In his ruling, Justice Chacha Mwita, emphasized the importance of upholding the doctrine of separation of powers, asserting that all arms of government must respect their distinct roles.
He indicated that the judiciary should not interfere with the parliamentary process unless under exceptional circumstances.
Despite denying the conservatory orders, Justice Mwita acknowledged that the Deputy President had raised several substantive legal issues.
As a result, he has referred the case to Chief Justice Martha Koome for further action.
The Chief Justice is expected to empanel a bench of judges to hear the matter, ensuring a thorough judicial review of the grounds raised by DP Gachagua.
“The Chief Justice may either assign the same judges appointed yesterday or constitute a different bench to handle this case,” Mwita said during the ruling.
The court’s decision now sets the stage for a detailed hearing on the legal grounds of the impeachment motion, with a bench of judges to be appointed by the Chief Justice in the coming days.
The Deputy President is set to defend himself before the Senate on Wednesday, where he faces 11 charges approved by 282 MPs in a vote by the National Assembly.
