Deputy Chief Justice Philomena Mwilu said that if Deputy President Rigathi Gachagua’s impeachment process goes back to the courts, the judges will follow the process outlined in the constitution.
Mwilu said the process is not unique as it follows a Constitutional process and will be adhered to just like any other case.
“Everything has its own first so regarding the ongoing impeachment process regarding our DP is not unique,” she said. “It’s an application of the constitution and not something that has been plucked from the air, it has a constitutional process to follow. If it comes back to the courts, whatever the outcome, it’s case like any other and will be handled in a manner the law has authorised us to do.”
Mwilu’s remarks come after 29 petitions were filed at the High Court to stop the DP’s ongoing impeachment process from proceeding to the Senate.
Gachagua’s last hope to stall the process was dashed on Wednesday after a 3-judge bench rejected his plea.
Judges Eric Ogolla, Anthony Mrima and Freda Mugambi ruled that it was in the public interest to allow the constitutional process to continue without any hindrance.
“This is not a case where intervention is automatic. The doctrine of separation of powers will be best served at declining the application at this stage,” the judges ruled.
The senators are expected to give a verdict by Thursday, October 17.
The matter is likely to end up at the Supreme Court where DCJ Mwilu sits.
All indications are that the DP will be impeached.
