In a significant setback for embattled Deputy President Rigathi Gachagua, attempts to halt impeachment proceedings through a series of 19 petitions have hit a dead end.
The High Court declined to issue orders to block Parliament from proceeding with discussions, thereby allowing the planned impeachment motion to move forward on October 8, 2024.
The petitions, including one from Gachagua’s close ally Cleophas Malala, had initially secured a conservatory order from eleven judges, barring MPs from taking action against the Deputy President.
However, during a hearing presided over by Justice Bahati Mwamuye, the court dismissed a second request from Malala to prohibit Parliament from deliberating on Gachagua’s conduct.
Justice Mwamuye instead directed that the matter be referred to Principal Judge Chacha Mwita for clarification on whether the 19 petitions challenging the impeachment should be consolidated.
This decision followed concerns that multiple petitions filed in different courts could lead to conflicting rulings.
“This court finds merit in the suggestion that the matters be heard together to avoid conflicting decisions,” Justice Mwamuye stated.
He emphasized the need for clarity given the number of cases revolving around the impeachment motion.
The consolidation request was put forward by Paul Nyamondi, representing the National Assembly, who argued that the related petitions should be considered together to streamline the legal process.
“We risk having several determinations regarding the impeachment of Gachagua at this interlocutory stage,” Nyamondi explained.
In opposition, Speaker of the National Assembly Moses Wetang’ula, represented by lawyer Kuyioni Josphat, asserted that the issue of consolidation should take precedence over interim orders to halt the impeachment discussions.
He argued that the Speaker, as a party to the petitions, faced similar legal predicaments as the National Assembly itself.
Malala’s lawyer, Mwenda Njagi, put forth a vigorous argument against the impeachment proceedings, claiming that if the discussion were to take place, it would render their legal efforts an “academic exercise.”
Njagi stressed that proceeding with the impeachment would violate the two-thirds gender rule, further complicating the legal landscape surrounding the case.
With the High Court’s refusal to grant interim relief, the stage is set for a decisive parliamentary debate.
If Gachagua is impeached, he could be barred from holding any public office for life, heightening the stakes for both him and his supporters as the political and legal battles unfold.
