Court declines to stop Gachagua impeachment trial

Judges Erick Ogolla, Antony Mrima and Frida Mugambi said Gachagua would not suffer any prejudice if the Senate proceeded with the impeachment motion.

While declining to grant him the orders, the bench said that Gachagua's case would not be lost as he could move to court to challenge the outcome. 

"Petition will not be lost, the court can still adjudicate the outcome of the parliament process," noted the judges.

In response to the ruling, Gachagua's legal team sought to amend the application based on what may transpire at the Senate. 

"The amended petition will not be totally new. No party will be prejudiced. Respondents seek to delay the proceedings by rejecting our amendments," lawyer Lempaa Soyinka stated. 

Benson Milimo, National Assembly's lawyer, however, opposed the request; citing that such a decision would be unfair if they are not aware of the details of the amendments. 

"We oppose the application of leave for blanket request on the amendment of application. An open blanket leave will be unfair to respondents as we don’t know the particulars of such amendments," he noted. 

The court ruling now sets the stage for Gachagua's impeachment trial at the Senate to continue. 

The Senate plenary will debate on the trial for two days before voting to either save the DP or officially remove him from office.