Deputy President Rigathi Gachagua’s political troubles deepened on Wednesday 16th October , 2024 after the High Court declined to stop the Senate from proceeding with his impeachment trial. In a ruling delivered by a three-judge bench, Gachagua now stands on the edge of uncertainty, much like a ship facing a brewing storm at sea, with no choice but to weather the turbulent winds of the trial, his political fate hanging by a thread.
The court, comprising Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi, ruled that interfering with the Senate’s constitutional mandate at this stage would undermine the principle of separation of powers. In essence, the court was saying that the Senate must be allowed to do its job, even if the outcome could strip the Deputy President of his office.
“This is not a case where intervention is automatic. The issues raised will need to be interrogated in detail, but the constitutional principle of separation of powers is best served by declining the application at this point,” the judges said in their ruling, as if to remind everyone that the balance of power in government was a delicate one, and the courts could not tip the scales prematurely.
It was a blow for Gachagua, who has been fighting to keep his political career afloat amid allegations and accusations that have been piling up. His legal team, led by Senior Counsel Paul Muite and lawyer Tom Macharia, had hoped to convince the court that the impeachment trial was politically motivated and unconstitutional. They argued that public participation had been insufficient and that the process was a smokescreen for a political vendetta.
But the judges were not swayed. They ruled that the application was premature, pointing out that the Senate process had not even reached its conclusion. To intervene now, they said, would be to anticipate an outcome that had yet to occur. Gachagua could come back to court once the Senate had finished its work, but until then, he would have to face the music.
This was the second setback in as many days for the embattled Deputy President. Just a day earlier, Justice Chacha Mwita had also declined to issue an order stopping the Senate trial, leaving Gachagua with few legal avenues left to explore. Mwita had ruled that there was no legal basis to halt the Senate proceedings, adding that the court could not obstruct Parliament’s constitutional mandate.
And so, the Senate trial moves forward, with Gachagua facing 11 charges that could see him removed from office. The National Assembly has already spoken, voting overwhelmingly—282 MPs in favour—to impeach the Deputy President. Now, it’s up to the Senate to decide his fate.
The stakes could not be higher. If the Senate follows the National Assembly’s lead and impeaches Gachagua, he will be removed from office, and the political fallout could be immense. But if he survives the trial, it could reinforce his position, turning him into a political survivor, someone who weathered the storm and came out stronger.
For now, though, Gachagua remains in political limbo, his fate hanging in the balance as the Senate prepares to proceed with the trial. The court’s ruling may have kept the process on track, but it has also raised the stakes for the Deputy President, who is now running out of options.
The next hearing on Gachagua’s petitions is set for October 18, when the court will give further directions. Until then, the Deputy President must wait, knowing that the political storm surrounding him is far from over.