The High Court on Tuesday rejected an application by the deputy president’s lawyers to stop the senate from debating an impeachment motion against him after parliament voted to remove him from office last week.
Justice Chacha Mwita ruled that parliament will be allowed to proceed with its constitutional mandate and the court won’t “interfere.”
Deputy President Rigathi Gachagua’s impeachment motion was approved by a 281-44 vote in parliament last week and forwarded to the senate, which will begin hearings on Wednesday.
Gachagua is facing impeachment over corruption and other irregularities, including allegations that he supported anti-government protests in June. He denies all the charges against him.
Under the Kenyan Constitution, the removal from office is automatic if approved by both chambers, though Gachagua can challenge the action in court — something he has said he would do.
The chief justice on Monday approved a three-judge panel to hear six petitions filed against the impeachment process.
The debate surrounding his fate has extended beyond parliament supporters and opponents of the motion clashed last week in public forums after the ruling alliance brought the motion before parliament.
President William Ruto has yet to publicly comment about the impeachment, but is on record in the earlier days of his presidency saying that he wouldn’t publicly humiliate his deputy, alluding to the troubled relationship he had with his predecessor, Uhuru Kenyatta, during their second term in office.
The senate requires a two-thirds majority to approve the impeachment motion.
If approved, it would be the first time that a sitting deputy president is impeached in Kenya
