A three-judge bench on Wednesday declined to issue conservatory orders to halt the impeachment trial of Deputy President Rigathi Gachagua in the Senate. Judges Erick Ogolla, Antony Mrima, and Frida Mugambi stated that Gachagua would not face any prejudice if the Senate proceeded with the impeachment motion.
In refusing to grant the orders, the bench noted that Gachagua would still have the opportunity to challenge the outcome in court.
“Petition will not be lost, the court can still adjudicate the outcome of the parliament process,” noted the judges
In light of the ruling, Gachagua’s legal team requested to amend the application in anticipation of potential developments at the Senate.
“The amended petition will not be totally new. No party will be prejudiced. Respondents seek to delay the proceedings by rejecting our amendments,” lawyer Lempaa Soyinka stated.
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Benson Milimo, the National Assembly’s lawyer, opposed the request, arguing that it would be unjust to proceed without knowing the specifics of the proposed amendments.
“We oppose the application of leave for blanket request on the amendment of application. An open blanket leave will be unfair to respondents as we don’t know the particulars of such amendments,” he noted.
The court ruling now paves the way for Gachagua’s impeachment trial in the Senate to move forward.
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The Senate plenary will debate the trial for two days before voting on whether to uphold the Deputy President’s position or officially remove him from office.
