High Court Rules on Whether Senate Will Debate Gachagua Impeachment
High Court has rejected Deputy President Rigathi Gachagua’s attempt to halt the Senate’s upcoming impeachment proceedings, scheduled on Wednesday, October 16.
Having considered the application and argument by parties, the constitution, and the precedent, the prayer for the grant of conservatory order is hereby declined,” ruled Justice Mwita.
According to Mwita, the Constitution has delegated the impeachment process to Parliament, and the court must show restraint in meddling with the process.
He however, ruled that the challenges raised in the petition can be considered after the Senate ruling.
Justice Mwita further highlighted that the court had the jurisdiction to hear the petition brought by Gachagua, despite some of the responders to the petition arguing that the court had no jurisdiction since this is a constitutional matter
Gachagua’s petition, filed last week, argued that the impeachment motion was flawed, prompting him to seek a conservatory order to stop the Senate hearing
He stated,”Pending the hearing and determination of the substantive petition herein, a conservatory order should be issued restraining and prohibiting the Senate from proceeding with the impeachment hearing.”
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