As the Senate holds its final sitting today on the impeachment motion against Deputy President Rigathi Gachagua, Deputy Chief Justice Philomena Mwilu has said that the judiciary will handle the matter by what is stipulated by the law.
Mwilu said in the event the Senate upholds the impeachment and Gachagua seeks the court’s intervention through an appeal, the matter will be prosecuted diligently.
The DCJ was on Wednesday responding to questions from journalists at the Thika Law Courts precinct after an intensive education to court members on the benefits of joining Sheria Sacco.
Mwilu emphasised that the ongoing impeachment process is a constitutional matter and not an unprecedented one.
"Everything has its first, but this impeachment is not unique; it is simply the application of the Constitution," she said.
Mwilu highlighted that more than 20 applications had already been filed in court before the Senate process began, and if the matter returns to the judiciary, it will be treated like any other case.
"If it comes to us, it will be handled in the same way as any other case, by the law and the Constitution. We cannot act outside these parameters," she clarified.
On Wednesday Gachagua suffered a blow after the High Court for the third time declined to stop Parliament from considering stopping his impeachment.
Justices Eric Ogola, Freda Mugambi, and Anthony Mrima ruled that the claims raised by Gachagua were speculative as he had not appeared before the Senate to defend himself.
According to the High Court Judges, Gachagua had an opportunity to raise the issues he had fronted before the court in the Senate.
“At the moment we are being called upon to anticipate an outcome of a process that has not been completed,” said Justice Ogola.
They however said that he could decide to seek its intervention in the event he is impeached by the upper house.
