3- Judge Bench Hands Gachagua Final Blow

3- Judge Bench Hands Gachagua Final Blow

3- Judge Bench Hands Gachagua Final Blow, where they dismissed a petition that was the DP’s last attempt, to stop his impeachment trial by the Senators.

The three-judge bench presided by Judges Eric Ogola, Fridah Mugambi and Anthony Mrima ruled that the Constitution outlined separation of powers thus barring the High Court from stopping the Senate’s proceedings.

According to the High Court judges, the Senate’s proceedings to impeach the second in command were lawful and the Senate plenary would equally determine all the issues raised by the petitioner in his case.

“It is our view that this is not one such case where intervention is automatic. The issues raised by the parties will be required to be interrogated. We, therefore, find that the enhancement of the constitutional principle of separation of powers will be best served by declining the application at this point,” the court ruled.

“The Senate will conduct a trial where all the issues raised before the court will be addressed. At the moment, we are being called upon to anticipate an outcome of a process that is yet to be completed, the application in this stage is premature,” the court added.

However, in its ruling, the three-judge bench accorded DP Gachagua the opportunity to appeal his dismissal by the Senate plenary at the Supreme court If the lawmakers impeach him.

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