Former Deputy President Rigathi Gachagua and his legal team are expected in court on Friday, 18th October 2024, to challenge his impeachment by the Senate late Thursday night.
Besides launching a legal battle in an attempt to get back his job, Gachagua may hope to save his future political career in case he is swiftly replaced.
The law bars impeached leaders from seeking public office unless the courts overturn the removal from office.
Furthermore, his ouster is likely to consolidate his place as the Mount Kenya kingpin.
Therefore, a fight in the courts to clear his name could be a political masterstroke against his rivals and keep him in the game ahead of 2027 elections.
Last night, the Senate upheld five of the eleven charges against him, despite Gachagua being hospitalized at Karen Hospital during the proceedings.
His attorney, Paul Muite, informed the Senate that Gachagua was unable to take the witness stand due to illness.
An attempt to adjourn the sitting until Saturday to allow for Gachagua’s appearance was rejected, leading the Senate to proceed with the impeachment.
Gachagua’s legal team was reportedly working late last night to prepare a court application seeking an injunction to suspend the impeachment.
They intend to request that the National Assembly be barred from processing a nomination for Gachagua’s replacement while the court considers the matter.
According to the Constitution, the President must nominate a new Deputy President within 14 days, with the National Assembly required to act on the nomination within 60 days.
The charges upheld by the Senate included allegations of shareholding irregularities, undermining the independence of judges, violations of the National Cohesion and Integrity Act, and gross misconduct related to public attacks on the National Intelligence Service (NIS).
Last week, the National Assembly had already voted overwhelmingly in favor of Gachagua’s ouster, with 281 votes for the motion and only 44 against it.
One MP however abstained from the vote.
During the Senate’s deliberations, Gachagua’s lawyers staged a walkout in protest after senators voted against extending the impeachment process.
As Gachagua was hospitalized, security around him was also notably scaled down following the announcement of his impeachment.
Gachagua had recently relocated from his official residence in Karen to a private one as the impeachment proceedings intensified.
His security detail, previously comprising over 50 officers from the General Service Unit’s Recce Unit, was also significantly reduced shortly after the Senate’s decision.
