High Court declines to stop Parliament from tabling impeachment motion against DP Gachagua

The motion filed by ex-Senator Cleophas Malala sought to bar the National Assembly and the Senate from tabling, debating, considering, or acting upon any motion seeking to oust DP Gachagua.

Malala argued that both Houses lack the required two-thirds gender rule threshold and therefore have breached the Constitutional provisions.

Dismissing the petition, Justice Bahati Mwamuye directed the National Assembly and Parliament to serve their rejoinders by Thursday, October 3, 2024.

He added that if need be, Malala can serve his rejoinder by the end of Friday, October 4.

The matter shall be mentioned on October 7.

Majority Leader Kimani Ichung'wah has confirmed that the motion of impeachment will be tabled on Tuesday at 2:30 pm. 

Tabling the motion will require 233 MPs to support it to sail through, with reports indicating that as of the close of business Sunday, 302 members of parliament had appended their signatures.

Gachagua will be expected to answer to a myriad of charges among them violating Article 10 as his accusers argue that his public utterances have been inciteful, reckless inflammatory and capable of stirring ethnic hatred.

He is also being accused of violating articles 147, 148,174,186 and 189 which speak to his conduct and responsibility as the principal assistant to the President.

He will also defend himself against claims of corruptly and unlawfully acquiring assets using taxpayers' money. The assets are said to be spread in Nyeri, Nairobi and Kilifi counties.

If the motion sails through, National Assembly Speaker Moses Wetangula will communicate the resolution within two days to Senate Speaker Amason Kingi for action.