High Court to Follow Constitutional Procedure if Gachagua’s Case Returns to Court

Deputy Chief Justice Philomena Mwilu has emphasized that if the process of dismissing Deputy President Rigathi Gachagua goes to court, the justices will strictly follow the guidelines outlined in the Kenyan Constitution.

Kenyan Judges to Follow Constitutional Procedure if Gachagua’s Case Returns to Court. Deputy Chief Justice Philomena Mwilu to lead the Judges.

Mwilu highlighted that the impeachment process is a constitutional procedure and will be handled accordingly, ensuring that all legal and constitutional requirements are met

“The impeachment process that is ongoing regarding our Deputy President is not unique; it is an application of the constitution. If it comes to court after Senate whatever it is that happens, we don’t know; we cannot anticipate the outcome of the Senate process. If it comes here, it is a case like the next case.”  Deputy CJ remarked.

“It will be handled by we who sit it in the Judiciary in the manner the constitution has authorized to do, in the manner the law has authorized to do. We cannot go outside the Constitution; we cannot go outside the law.” She added.

Mwilu’s remarks come after 29 petitions were filed in the Supreme Court to stop the ongoing process of dismissing the deputy to proceed to the Senate.

Gachagua’s last hope to stop the process was dashed on Wednesday after his request was rejected by a three-judge bench declined to issue conservatory orders.

The senate commenced with his impeachment trial Yesterday, Wednesday 16 October 2024, and is expected to be decided upon today on Thursday 17 October, 2024.

Unfortunately DP has been reported to have fallen ill and hospitalized during the senate afternoon session on his impeachment. However senate speaker Amason Kingi has issued an order for his appearance to the senate in two hours time, as his absence forced the senate to adjourn until 5pm today, Thursday 17 October, 2024.