Lawyer Nelson Havi has once again weighed in on the constitutional process for impeaching Deputy President Rigathi Gachagua.

Taking to his official X account on Thursday, October 10, 2024, the former Law Society of Kenya (LSK) president stated that once the Senate votes to remove a sitting deputy president, the decision is final and cannot be challenged in court.

Havi explained that while the removal of judges can be appealed to the Supreme Court, the impeachment of a president or deputy president is unique in that it is not subject to judicial review.

The prominent lawyer has, therefore, argued that Gachagua will cease being Kenya’s DP should the Senate vote to uphold his impeachment.

“Rigathi Gachagua will cease being DP on the vote of the Senate. Unlike the removal of a judge which can be appealed to the Supreme Court, impeachment of president and DP is final and incapable of challenge. The Constitution did not contemplate judicial intervention on impeachment,” Havi stated.

Rigathi Gachagua will cease being DP on the vote of the Senate. Unlike removal of a Judge which can be appealed to the Supreme Court, impeachment of President and DP is final and incapable of challenge. The Constitution did not contemplate judicial intervention on impeachment.

— Nelson Havi (@NelsonHavi) October 10, 2024

Senate on Gachagua impeachment

Havi’s statement comes a day after a Senate motion to set up an 11-member special committee to handle DP Gachagua’s impeachment failed.

The motion that was moved by Kericho County senator and Senate Majority Leader Aaron Cheruiyot did not get a seconder after Nairobi senator Edwin Sifuna declined.

According to the Senate Standing Orders, any motion that is not seconded shall be deemed to have been withdrawn and shall not be moved again in the same session.

Senate Speaker Amason Kingi ruled that the proposal for a special committee had been defeated, announcing that the Senate would proceed with the investigation on the proposed removal from office by impeachment, of DP Gachagua in plenary.

The Senate shall investigate Gachagua’s impeachment in plenary on October 16 & 17, 2024.

“You will note that the Senate Majority Leader has moved a motion, the motion has however, failed to get a seconder, Standing Order 70 of the Senate Standing Orders states that the question on any motion shall not be proposed unless it shall have been seconded and any motion that is not seconded shall be deemed to have been withdrawn and shall not be moved again in the same session,” Kingi stated.

“The motion having been deemed to be withdrawn, pursuant to SO 70 (1) the proposal for a special committee is defeated. The Senate will therefore proceed with the investigation on the proposed removal from office by impeachment, of H.E Rigathi Gachagua in plenary. In line with the schedule of activities of an impeachment hearing in plenary, the Senate shall investigate the matter in plenary on the 16th & 17th October, 2024.”

A total of 282 Members of Parliament (MPs) on Tuesday, October 8, 2024, voted to impeach Gachagua, while 44 backed him.

Gachagua faced 11 counts of impeachment revolving around gross violation of the Constitution, abuse of office and corruption.