Editor's Review

The impeachment process is in the final stages in the Senate.

Deputy Chief Justice Philomena Mwilu has spoken out about the impeachment process of Deputy President Rigathi Gachagua as it reaches its final stages in the Senate.

Speaking on Thursday, October 17, Mwilu noted that the process is not unique as it is a constitutional process like any other.

The deputy CJ disclosed that if the impeachment process goes back to the court after the outcome from the Senate, it will be handled in accordance with the constitution.

"The impeachment process that is ongoing regarding our Deputy President is not unique; it is an application of the constitution. It is not something that has been plugged from the air; it has a constitutional process to follow. And therefore, to that extent, it is a constitutional process.

"If it comes to court after Senate whatever it is that happens, we don’t know; we cannot anticipate the outcome of the Senate process. If it comes here, it is a case like the next case,” Mwilu remarked.

Deputy President Rigathi Gachagua in the Senate on Thursday, October 17, 2024.

She further affirmed that if the process heads to court after the Senate's verdict, the judiciary will not go outside the law in dealing with it.

“It will be handled by we who sit it in the Judiciary in the manner the constitution has authorised to do, in the manner the law has authorised to do. We cannot go outside the Constitution; we cannot go outside the law,” Mwilu stated.

Her remarks come after Gachagua's attempt to stop the hearing of his impeachment in the Senate received a blow on Wednesday after a three-judge bench declined to issue conservatory orders to stop the process.

The Deputy President will learn his fate on Thursday evening, October 17, when the Senate debates the impeachment and proceeds to a vote.