Deputy Chief Justice Philomena Mwilu has clarified that the ongoing impeachment proceedings against Deputy President Rigathi Gachagua are not unprecedented. In a recent video, she emphasized that the process is firmly grounded in the Constitution of Kenya and follows established legal protocols.
Mwilu stated, “The impeachment process regarding our Deputy President is not unique. It’s an application of the Constitution. It is not something that has been pulled from the air; it has a constitutional process to follow, and therefore it is constitutional.” Her remarks come in response to analysts who suggested that Gachagua’s impeachment is a novel situation for the country, particularly as it marks the first instance of an impeachment motion against a sitting deputy president.
The Deputy Chief Justice underscored the importance of adhering to constitutional guidelines, especially if the case progresses to the Judiciary. “If it comes to court after Senate, we cannot anticipate the outcome. It will be handled by those of us in the Judiciary in the manner authorized by the Constitution and the law. We cannot operate outside the Constitution or the law,” she stated.
The impeachment hearing commenced on Wednesday in the Senate, following the National Assembly’s approval of the motion last week. It is set to conclude today. Gachagua faces 11 serious charges, including gross violations of the Constitution, corruption, and allegations of bullying.
For the Deputy President to be removed from office, at least 45 out of the total 67 senators must vote in favor of the impeachment. As the trial continues on Thursday, the focus will be on the cross-examinations and re-examinations of witnesses, further shaping the proceedings of this significant political event.