This landmark decision represents the first instance in which the country has impeached a sitting deputy president under the 2010 constitution. However, as this unfolds, Kenyans are left pondering what the future holds for Rigathi Gachagua, who was reported ill just before national assembly lawyers were scheduled to cross-examine him at the Senate trial.
If his attempt to prevent impeachment fails in court, Gachagua will be ineligible to contest any elective position in Kenya, significantly impacting his once-promising career.
Nonetheless, the High Court, while refusing to halt the Senate trial, acknowledged that Gachagua can still seek legal recourse even after impeachment.
“Should the petitioner not succeed, the petitioner still has the opportunity to approach the court after the process; the applications are not without a remedy,” the court clarified. The deputy president will thus remain in office until all constitutional processes are finalized.
Should he choose to pursue legal action, the deputy president must request a high court order to suspend the senate’s decision from taking effect until all legal avenues have been explored.
"Assuming office does not negate the court’s jurisdiction. “The court possesses unrestricted jurisdiction to review the constitutionality of the process at any stage,” the judges affirmed.
It is possible that the matter could reach the Supreme Court.
Earlier on Thursday, Deputy Chief Justice Philomena Mwilu stated that the impeachment motion is not unique and that the judiciary is capable of managing it in accordance with the constitution.
“If it returns to the courts after the Senate, it will be treated like any other case. ” It will be managed by us in the judiciary as authorized by the constitution. “We cannot operate outside the constitution; we cannot operate outside the law,” Mwilu stated.
Gachagua had originally expressed his confidence on Sunday, October 13, that the courts would act impartially and deliver a fair ruling.
“I have no doubt that our esteemed judges will protect and uphold the constitution, ensuring that the will of the people remains sovereign,” he remarked at that time.
If he does not appeal the Senate’s decision in court, Gachagua will be impeached, and the president will then nominate a new deputy, presenting the name to the National Assembly within 14 days. The National Assembly will then follow the constitutional procedures outlined in Article 149 and will have up to 60 days to approve the nominee.
Some candidates proposed to succeed Gachagua include Interior Cabinet Secretary Kithure Kindiki, Kirinyaga Governor Anne Waiguru, Prime Cabinet Secretary Musalia Mudavadi, Homa Bay Governor Gladys Wanga, and even the opposition leader Raila Odinga.
There are speculations that President William Ruto will announce his nomination by the end of the day on Friday. However, Kenyans are still awaiting his official address regarding this historic political event.
Conversely, if the courts reverse the Senate’s decision, Gachagua will maintain his position and continue collaborating with the president.
