{"id":99370,"date":"2024-10-16T07:03:43","date_gmt":"2024-10-16T07:03:43","guid":{"rendered":"https:\/\/chezaspin.com\/blog\/index.php\/2024\/10\/16\/3-judge-bench-declines-to-stop-dp-gachaguas-impeachment\/"},"modified":"2024-10-16T07:03:43","modified_gmt":"2024-10-16T07:03:43","slug":"3-judge-bench-declines-to-stop-dp-gachaguas-impeachment","status":"publish","type":"post","link":"https:\/\/chezaspin.com\/blog\/3-judge-bench-declines-to-stop-dp-gachaguas-impeachment\/","title":{"rendered":"3-judge bench declines to stop DP Gachagua\u2019s impeachment"},"content":{"rendered":"

NAIROBI, Kenya, Oct 16 \u2013 The three-judge bench of the High Court hearing petitions seeking to stop Deputy President Rigathi Gachagua\u2019s impeachment trial has declined to stop the Senate process. <\/strong><\/p>\n

While making its ruling, the bench comprised of Chief Justice Martha Koome has appointed a three-judge bench to hear five petitions seeking to prevent the impeachment of Deputy President Rigathi Gachagua.<\/p>\n

The bench led by Justice Erick Ogola, with Justices Antony Mrima and Frida Mugambi described the suits as premature and anticipatory and would negate the principal of separation of powers.<\/p>\n

\u201cIt 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,\u201d it ruled.<\/p>\n

It however stated that Gachagua can however approach the court for orders once the process is concluded.<\/p>\n

Chief Justice Martha Koome had appointed the bench to hear the five petitions which had been consolidated.<\/p>\n

On Tuesday, justice Chacha Mwita also rejected a request by Gachagua for a conservatory order suspending his impeachment trial at the Senate.<\/p>\n

Gachagua\u2019s legal team, led by Senior Counsel Paul Muite and lawyer Tom Macharia had argued that the impeachment process was politically motivated.<\/p>\n

They sought to halt the Senate proceedings until the legality of the National Assembly\u2019s impeachment decision was fully determined.<\/p>\n

They claimed the process was unconstitutional, citing insufficient public participation.<\/p>\n

However, Justice Mwita, in delivering his ruling, stated that there was no legal basis to interfere with the Senate proceedings.<\/p>\n

He emphasized that the court could not obstruct the constitutional mandate of Parliament.<\/p>\n

\u201cHaving considered the application and the arguments presented by both parties, the prayer for a conservatory order is declined,\u201d ruled Justice Mwita.<\/p>\n

At least 26 petitions had been filed challenging Gachagua\u2019s impeachment.<\/p>","protected":false},"excerpt":{"rendered":"

NAIROBI, Kenya, Oct 16 \u2013 The three-judge bench of the High Court hearing petitions seeking to stop Deputy President Rigathi Gachagua\u2019s impeachment trial has declined to stop the Senate process. While making its ruling, the bench comprised of Chief Justice Martha Koome has appointed a three-judge bench to hear five petitions seeking to prevent the […]<\/p>\n","protected":false},"author":0,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-99370","post","type-post","status-publish","format-standard","hentry","category-uncategorized","entry"],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"","jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts\/99370","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"replies":[{"embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/comments?post=99370"}],"version-history":[{"count":0,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts\/99370\/revisions"}],"wp:attachment":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/media?parent=99370"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/categories?post=99370"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/tags?post=99370"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}