High Court Rejects Gachagua’s Bid to Block Senate Impeachment Trial

The High Court’s rejection of Deputy President Rigathi Gachagua’s petition to halt impeachment proceedings has cleared the way for the Senate to commence the trial as scheduled on Wednesday, October 16.

Justice Chacha Mwita delivered the ruling on Tuesday, October 15, dismissing Gachagua’s attempt to restrain the Senate from acting on the National Assembly’s resolution passed on October 8. In his ruling, Justice Mwita emphasizes that the Constitution has entrusted the impeachment process to Parliament, and the court must exercise restraint in interfering with this process. While declining to grant the conservatory order sought by Gachagua, Justice Mwita notes that the challenges raised in the petition could be considered after the Senate concludes its role.

The judge also affirms the court’s jurisdiction to hear Gachagua’s petition, despite arguments from some respondents that the matter fell outside the court’s purview due to its constitutional nature. Gachagua’s petition filed the previous week, contended that the impeachment motion was flawed and deviated from the original accusations against him. The Deputy President argued that the proceedings amounted to a “vicarious assault” rather than a legitimate inquiry, alleging intimidation and undue influence on Members of Parliament.

His legal team criticized the impeachment as a personal attack on Gachagua and his family, asserting that the accusations did not meet the threshold of gross misconduct. Additionally, Gachagua claimed that the motion violated the legal doctrine of exhaustion, arguing that alternative remedies should have been explored before resorting to impeachment. Despite these arguments, Justice Mwita has found no basis to halt the Senate’s proceedings, noting that the court cannot interfere with Parliament’s constitutional mandate. This decision has set the stage for the impeachment trial to proceed as planned, with hearings scheduled for October 16, 17, and 18.

Senate Speaker Amason Kingi has also weighed in on the matter, declaring that no court orders could obstruct Parliament from fulfilling its constitutional duties. The impeachment proceedings against Gachagua have been a contentious issue, with multiple petitions filed in court to halt the process. Accusations against the Deputy President include corruption, undermining the government, and promoting ethnically divisive politics. The National Assembly voted overwhelmingly in favour of the impeachment with 282 MPs supporting the motion.