Deputy President Rigathi Gachagua has filed a petition seeking to block the Senate from deliberating on his impeachment motion, but it could all be a wild goose chase.
On Monday, Speaker Amason Kingi ruled that no court order can stop proceedings already in the Senate.
He made the ruling while responding to Kericho governor Eric Mutai, who had claimed it was not illegal for the Senate to deliberate on his impeachment while there was a court order stopping his ouster.
"The question of the effect of any of the court orders injuncting the Senate from conducting any business is well settled. In this respect, the determination is the same regardless of the position advanced by the County Assembly. Whether or not there was in fact, a court order in this matter does not matter; nothing turns on it; the results are the same, which is that Parliament cannot be prevented from discharging its constitutional functions by dint of an order of court," Kingi ruled.Notably, High Court Judge Chacha Mwita is expected to issue a ruling on Tuesday, October 15, on the petition filed by Gachagua stopping his impeachment hearing in the Senate.
With Kingi’s directive, Mwita’s ruling will have no impact on the scheduled hearing of the impeachment motion.
