Deputy Chief Justice (DCJ) Philomena Mwilu has weighed in on the impeachment process of Deputy President Rigathi Gachagua which is set to enter its final stretch at the Senate on Thursday, October 17, 2024.
Speaking to a local media station on Thursday, October 17, 2024, DCJ Mwilu indicated that the process is not unique as it is a constitutional process like any other case.
Mwilu thus made it clear that if the case heads back to the Judiciary after the Senate decision then it would be handled in accordance with the constitution and the law.
She however made it clear that the Judiciary does not anticipate the outcome of the Senate process.
“Everything has its own first and the impeachment process that is ongoing regarding our Deputy President is not unique, it is an application of the constitution. It is not something that has been plugged from the air, it has a constitutional process to follow and therefore to that extent, it is a constitutional process.
“If it comes back to the courts… it’s been in the courts you know the number of 20 whatever applications and cases, if it comes to court after senate whatever it is that happens we don’t know, we cannot anticipate the outcome of the Senate process, if it comes here, it is a case like the next case,” she stated.
“It will be handled, we use it in the Judiciary, in the manner the constitution has authorised to do, in the manner the law has authorised to do. We cannot go outside the Constitution, we cannot go outside the law,” DCJ Mwilu added.
She however did not delve much deeper into the process which currently before the Senate.
Gachagua attempts in court
On Wednesday, October 16, 2024, Gachagua’s attempt to obtain conservatory orders to stop the Senate from hearing the impeachment case hit a hurdle.
The DP had rushed to a three-judge bench picked to hear his petition after the High Court threw out his prayer to stop the process.
His lawyer Paul Muite asked Justices Eric Ogola, Fridah Mugambi and Anthony Mrima to hear their prayer for conservatory orders before the Senate commenced the process.
However, the bench declined to grant Gachagua conservatory orders.
Following the verdict, Gachagua appeared before the Senate fronted by his battery of lawyers led by Senior Counsel Paul Muite.
The National Assembly on the other hand was led by Siaya Governor James Orengo who survived an objection motion which was raised by Gachagua’s legal team to debar him but the Senate Speaker Amason Kingi threw out their application.
In the tail end on Wednesday, the mover of the motion Mwengi Mutuse and one of the witnesses, former KEMSA CEO Andrew Mulwa, were cross-examined.
The process is expected to be concluded on Thursday, October 17, 2024, when Senators will vote on each of the 11 charges levelled against the embattled DP Gachagua.
