On Wednesday, a panel consisting of three judges decided against issuing conservatory orders in order to halt the impeachment trial of Deputy President Rigathi Gachagua, which was taking place in the Senate.
Judges Erick Ogolla, Antony Mrima, and Frida Mugambi declared that Gachagua would not face any form of discrimination if the Senate proceeded with the impeachment motion.
Despite the fact that they did not give him the orders, the bench said that Gachagua’s case would not be lost since he could go to court to contest its conclusion.
“Petition will not be lost; the court can still adjudicate the outcome of the parliament process,” according to the judicial officials.
In reaction to the decision, the legal team representing Gachagua attempted to modify the application in light of the potential outcomes that may occur in the Senate.
“The revised petition won’t be entirely unique. We will not single out any party.” The lawyer, Lempaa Soyinka, stated that the respondents are trying to delay the proceedings by rejecting our revisions.
Benson Milimo, the counsel for the National Assembly, opposed the proposal. Benson Milimo argued that it would be unjust to make such a judgement without knowing the specifics of the revisions.
“We strongly reject the request for permission to make a broad revision of the application.”
“When he made this observation, he pointed out that granting an open blanket leave would be unjust because we don’t know the specifics of such revisions.”
The court’s decision now paves the way for the continuation of the impeachment trial against Gachagua pending in the Senate.
During the course of two days, the Senate plenary will deliberate on the trial, and then they will vote on whether or not to rescue the DP or to legally remove him from office.
