Deputy President Rigathi Gachagua is under intense scrutiny, with the Senate set to address his impeachment starting Wednesday morning.
This follows a ruling by the High Court in Nairobi, which on Tuesday declined to stop the Senate from hearing the motion against him.
At precisely 9 a.m. on Wednesday, Senators are expected to convene for a pre-hearing session, which will last for approximately one hour.
This closed-door meeting is akin to a pre-trial hearing. By 10 a.m., the session will move to preliminaries, where the Senate’s mandate, procedural rules, and hearing program will be outlined.
This phase will also involve introducing members of the National Assembly, their counsel, and the Deputy President’s legal representatives.
The National Assembly’s team will be led by Kibwezi West MP Mwengi Eckomas Mutuse, the mover of the impeachment motion, alongside Rarieda MP Otiende Amollo, JLAC Chairperson George Murugara, Homa Bay Town MP Peter Kaluma, and Kanduyi MP John Makali.
At 10:30 a.m., Senate Clerk Jeremiah Nyegenye will read the charges against Gachagua, after which the Deputy President will respond to the charges.
Both sides will then have 30 minutes each to make their opening statements. After these statements, the National Assembly will have three hours to present their case, while Gachagua will have two hours to cross-examine the accusations.
The Senate will adjourn at 7:30 p.m., with the final day of hearings scheduled for Thursday.
High Court Ruling on Impeachment Motion
Deputy President Rigathi Gachagua’s efforts to stop the Senate from hearing the impeachment motion were dealt a blow when the High Court in Nairobi ruled against his plea on Tuesday.
As a result, the Deputy President must now defend himself against the allegations brought forward in the Senate. This will take place over Wednesday and Thursday, following a schedule prepared by the Senate Clerk.
Milimani Law Courts Justice Chacha Mwita, in his ruling, stated that the impeachment process should proceed to its conclusion.
He also referred the case to Chief Justice Martha Koome, who is to appoint a three-judge bench to hear and determine the case.
Referral to a Three-Judge Bench
Justice Mwita indicated that it is now up to CJ Koome to decide whether the same three-judge bench, which is already handling other petitions related to Gachagua’s impeachment, should also address this latest petition seeking to halt the Senate proceedings.
Mwita noted that he had considered both constitutional issues and precedents before declining to grant a conservatory order. He further certified the petition as raising substantial legal questions under Article 165(4) of the Constitution, forwarding the file to the Chief Justice for further action.
Mwita emphasized the similarity between the current petition and Petition E522/2024, which has already been certified for a hearing by a bench of uneven judges. He suggested that the Chief Justice may opt to assign the same judges to both cases.
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Deputy President Rigathi Gachagua, represented by Senior Counsel Paul Muite, is contesting the impeachment on several grounds, including a lack of public participation in the process.
Chief Justice Koome has already appointed a bench of Justices Erick Ogola, Antony Mrima, and Dr. Frida Mugambi to hear five other petitions aimed at preventing the Deputy President Rigathi Gachagua’s ouster.
