It might not be over yet for embattled Deputy President Rigathi Gachagua despite a High Court ruling that granted the Senate plenary the leeway to impeach him.
A three-judge bench of the High Court in Nairobi on Wednesday morning granted the deputy president a rare opportunity to appeal his impeachment at the Kenyan courts should a majority of Senators resolve to dismiss him from office.
In its ruling, the court stated that it would hear and determine an appeal filed by DP Gachagua’s legal team including a question on the constitutionality of the impeachment process undertaken at both the National Assembly and the Senate.
“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.
On the question of whether the deputy president would cease holding office if impeached by the lawmakers, the judges maintained that DP Gachagua would only cease holding office once all the constitutional processes were complete.
The constitutional processes included the embattled deputy president’s decision to file a petition at the courts if impeached, thus, no person would be allowed to assume Gachagua’s position until the Appellate Court heard and determined the petition filed by Gachagua.
By Nairobi