Deputy President Rigathi Gachagua suffered a blow in his attempt to stop the Senate from hearing the impeachment motion against him.
In his ruling, Justice Chacha Mwita declined the request to issue conservatory orders on the process scheduled to start on Wednesday, October 16.
He, therefore, ruled that the impeachment process should continue in Parliament as envisioned in the Constitution.
However, he noted that there were serious constitutional issues that had been raised by the DP and his legal team on the impeachment.
He, therefore, directed that the matter be referred to Chief Justice Martha Koome.
"I certify this petition to have raised substantive issues of law and of public interest, this file is to be placed before the honourable Chief Justice to consider appointing an uneven number of judges to hear this petition," the judge ruled.
According to Justice Mwita, the Chief Justice may also choose to refer the matter to the three-judge bench that was constituted yesterday as the matters raised are similar.
The three-judge bench appointed yesterday includes Justices Eric Ogola, Freda Mugambi, and Anthony Mrima.
One of the issues that Gachagua has raised concerning the impeachment process is the public participation that was nationwide.
According to Gachagua, he was not allowed to present his defence before Kenyans could make a decision on whether he should be impeached or not.
What Next
The Senate will proceed with the impeachment hearing starting tomorrow. The process will continue on Thursday, October 17.
Senators are expected to vote on the impeachment process on Thursday evening.
Should, two-thirds of the senators support the impeachment motion, Gachagua will officially impeached with President William Ruto expected to name his replacement.
