Deputy Chief Justice Philomena Mwilu has stated that the current impeachment of Deputy President Rigathi Gachagua is not an unprecedented process.
In a video viewed by The Star, Mwilu emphasized that this procedure is established in the Constitution of Kenya and follows a systematic approach.
“The impeachment process currently underway concerning our Deputy President is not unique. ” It is an application of the Constitution. “It is not something that has been invented arbitrarily; it follows a constitutional process, and therefore, to that extent, it is constitutional,” she stated.
Mwilu’s comments follow remarks from analysts indicating that the deputy president’s impeachment represents a unique process for the country.
They have primarily based their arguments on the fact that this is the first time an impeachment motion has been initiated against a sitting deputy president.
The Deputy Chief Justice emphasized that if the case reaches the judiciary, it will be managed in accordance with constitutional guidelines.
She asserted that the judiciary cannot operate outside the law in its decisions regarding the matter.
“If it comes to court after the Senate, we do not know what it entails; we cannot predict the outcome. It will be managed by those of us in the judiciary in the manner authorized by the constitution and in accordance with legal provisions. ” “We cannot operate outside the parameters of the constitution or the law,” Mwilu stated.
The impeachment hearing commenced on Wednesday in the Senate following the National Assembly’s approval of the motion last week. It will conclude today.
Gachagua is confronted with 11 charges, including significant violations of the constitution and statutory laws, corruption, and harassment, among others.
To remove the Deputy President from office, a minimum of 45 senators out of the total 67 must provide their approval.
The impeachment trial will proceed on Thursday with the cross-examination and re-examination of witnesses.