The High Court Declines to Stop Impeachment Motion Against DP Rigathi Gachagua

The High Court of Kenya has declined to issue an interim order that would have halted the impeachment process against Deputy President Rigathi Gachagua.

On Monday, September 30, 2024, allies of Deputy President Gachagua, spearheaded by former United Democratic Alliance (UDA) Secretary General Cleophas Malala, rushed to court in a bid to prevent the tabling and debate of the impeachment motion scheduled for the following day in the National Assembly.

The urgency of the matter was evident in the court documents, which stated:

Also Read: What Does The Constitution Say About Impeachment of a Deputy President?

Malala’s legal team, led by lawyer Mwenda Njagi, presented an argument in their attempt to halt the impeachment proceedings. Their primary contentions were:

    The court documents elaborated on this second point:

    High Court Judge Bahati Mwamuye, while acknowledging the urgency of the matter, stopped short of granting the immediate relief sought by Malala and his team. Instead, the judge set in motion a expedited legal process:

    1. The petitioner (Malala) was directed to serve the National Assembly, the Senate, and other interested parties with the necessary documents by the close of business on September 30, 2024.

    2. The respondents and interested parties were given until October 3, 2024, to respond to the allegations and serve their responses to the court.

      Judge Mwamuye’s order stated:

      The judge set October 7, 2024, as the date for the next hearing, stating:

      Here’s what it takes to impeach a deputy president: