Deputy Chief Justice Philomena Mwilu has outlined how the Judiciary will handle Deputy President Rigathi Gachagua's impeachment if the Senate resolves to remove him.
The Senate is expected to vote on Gachagua's impeachment on Thursday, October 17. The house can either save Gachagua or uphold the National Assembly's decision to hound Gachagua out of office. If the Senate votes to impeach him, Gachagua's hopes of staying in office will solely rest on the courts.
Commenting on the matter during an interview with Citizen TV, the Deputy Chief Justice revealed that the courts will handle Gachagua's impeachment case like any other matter brought before the courts.
According to the DCJ, the courts will be guided by the constitution and the rule of law when deciding on the matter.
"If it comes back to the courts, after the Senate, it is a case like the next case. It will be handled by we who sit in the Judiciary in the manner the Constitution has authorized us to do", Mwilu said.
"We can't go outside the constitution, we can't go outside the law" she reiterated.
Mwilu proceeded to assure Kenyans that the whole matter would pan out well since impeachment hearings are not unique in Kenya. The DCJ stressed that the process will be an application of the constitution.
The embattled Deputy President has had his own share of bumps in the courts after the High Court on Wednesday, 16 October rejected an application by his legal team to issue orders to stop the Senate hearing.
Previously, the Deputy President had expressed his confidence in the Judiciary, noting that it was very professional. Speaking during a church service in Embu on Sunday, 13 October Gachagua noted that he was confident that the courts would uphold and protect the constitution.
" I have no doubt that our eminent judges will protect and uphold the constitution and always make sure that the will of the people is sovereign," Gachagua said.
Gachagua will present evidence, and affidavits at 1 pm on Thursday, 17 October in a 3-hour cross-examination process. After that, the Senate will determine his fate.
Last week, Members of Parliament voted overwhelmingly in favour of removing the deputy president who is facing 11 charges including accusations of graft, practising ethnically divisive politics, and insubordination. By
