• Friday, 18 October 2024
What next for Rigathi Gachagua after his removal from office?

What next for Rigathi Gachagua after his removal from office?

Deputy President Rigathi Gachagua's fight for political survival may be heading to the courts, as he hopes to overturn his removal from office.

Besides launching a legal battle in an attempt to get back his job, Gachagua may hope to save his future political career in case he is swiftly replaced.

The law bars impeached leaders from seeking public office unless the courts overturn the removal from office.

Although Gachagua has never indicated he would seek the country's presidency, his previous larger-than-life influence as the country's second in command had put him in a pole position of succeeding President William Ruto.

His ouster is likely to consolidate his place as the Mount Kenya kingpin; Gachagua would be fighting in court to clear his name and turn his ouster into a political masterstroke against his rivals.

Gachagua may also be keen to overturn his impeachment and avoid being barred from holding public office.

Former Nairobi Governor Mike Sonko and his ex-Kiambu counterpart Ferdinand Waititu were permanently barred from holding public office following their removal from office.

The two lost their legal battles to overturn their removal from office or at least clear them of the impeachment charges, rendering them unfit to hold public office.

Sonko and Waititu remain in the political cold despite being popular. Fearing the same fate, Gachagua will be putting forward a spirited fight to either retain his job or, in the worst-case scenario, get cleared of the charges even if he is replaced.

There are reports that the state machinery has been whipped to swiftly process Gachagua's successor after the Senate voted to confirm his impeachment.

Gachagua appeared in person to defend himself against 11 charges that he faced before the Senate plenary.

The ousted DP had put up a spirited fight to save his job before the 67-member House debunking the charges as malicious and framed to hound him out of office.

Gachagua's fight has been mired by a streak of huge losses in courts and Parliament.

On Tuesday and Wednesday, the DP failed to convince the court to block the Senate from proceeding with his impeachment trial.

Justice Chacha Mwita rejected the DP pleas to halt the Senate trial, arguing that would infringe on the principle of separation of powers.

“Having considered the application and the argument by parties on the Constitution and precedent, the prayer for grant of conservatory order is declined,” ruled Justice Mwita.

Gachagua, represented by a legal team led by Senior Counsel Paul Muite, was challenging the impeachment on several grounds, including a lack of public participation.

A three-judge bench that was constituted by Chief Justice Martha Koome to hear Gachagua's bid to stop his impeachment also rejected his application on Wednesday morning.

The bench consisting of Justices Erick Ogola, Antony Mrima and Dr Frida Mugambi was hearing five petitions that sought to prevent Gachagua's impeachment.

The judges argued that at that stage they could only exercise restraint and allow independent institutions of government to function unhindered.

They cited separation of powers saying courts should be reluctant to take over mandates of other arms of government. "This is not a case where intervention is automatic.

The doctrine of separation of powers will be best served by declining the application at this stage," they said.

The bench ruled that the application by Gachagua is premature as they are being called to anticipate an outcome that's yet to be concluded.

The judges agreed that the petitions before the court raise weighty constitutional issues that require further interrogation but the process before the Senate is lawful and should be allowed to proceed.

Gachagua is expected to pursue orders to block the nomination and approval of his successor until the petitions are heard and determined.

Share on

SHARE YOUR COMMENT

// //