‘I applaud the maturity of our courts’ – MP Kaluma reacts to ruling on Gachagua’s impeachment
Homa Bay Town Constituency MP Peter Kaluma has commended the judiciary, describing recent court decisions regarding Deputy President Rigathi Gachagua’s case as mature and well-considered.
In a statement shared on his X account on Tuesday, October 15, 2024, Kaluma expressed his belief that the judiciary should not interfere with parliamentary proceedings, emphasizing that courts must only act if Parliament’s decisions are blatantly unconstitutional.
“I applaud the maturity of our courts this far. Courts can’t intervene in the proceedings of Parliament. The courts have to wait until Parliament decides. And, even where the court overturns the decision of Parliament, it can’t be under the court’s supervisory powers but only if the decision of Parliament is on the face of it unconstitutional. The courts cannot overturn parliamentary decisions on the merits,” Kaluma stated on his X account.
Gachagua’s impeachment
This comes after the High Court, on Tuesday, October 15, 2024, declined to grant Deputy President Rigathi Gachagua’s request for conservatory orders to halt Senate impeachment proceedings.
In his ruling, Justice Chacha Mwita denied Gachagua’s petition, stating that while some of the concerns raised were noteworthy, they did not justify court intervention. Gachagua had filed 26 petitions challenging the legality and process of his impeachment by the National Assembly, with key complaints focusing on public participation and procedural violations.
One of Gachagua’s petitions claimed that public participation figures were inaccurate, casting doubt on the integrity of the process. Additionally, his legal team argued that the impeachment proceedings were rushed through Parliament and submitted irregularly to the Senate for consideration.
Gachagua also maintained that his right to a fair hearing had been violated, requesting the court to block Senate hearings scheduled for October 16-17.
However, on Monday, Senate Speaker Amason Jeffah Kingi ruled that no court of law could halt an impeachment process once it had been referred to Parliament. Kingi affirmed that Parliament must be allowed to conduct such proceedings without external interference.
The impeachment motion against Gachagua was initiated by 282 MPs in the National Assembly, who accused him of 11 charges, including gross misconduct, violation of the constitution, and suspicious wealth accumulation.
Despite the overwhelming vote in favour of his ouster, Gachagua has consistently denied the allegations, insisting that the impeachment was politically motivated.
With the Senate set to determine Gachagua’s fate, all eyes now turn to the October 16 and October 17 hearings, where the deputy president hopes to make his case and defend his position.