One last plea: Three-judge bench to rule on DP Gachagua’s Senate trial by 8am

A three-judge bench of the High Court will on Wednesday at 8am deliver a ruling on whether the Senate will proceed with Deputy President Rigathi Gachagua's impeachment.

This follows a day-long court battle by Gachagua's legal team to stop the impeachment proceedings scheduled for Wednesday.

On Tuesday, a three-judge bench presided over by Justice Erick Ogola and comprising of Justices Anthony Mrima and Freda Mugambi, listened to an application by Gachagua’s lead counsel, Senior Counsel Paul Muite, to halt the impeachment proceedings in the Senate.

The bench empanelled by Chief Justice Martha Koome consolidated all six matters into one, with parties expected to file their submissions by Wednesday at 8am.

There are a total of 10 petitioners, 8 respondents, and 3 interested parties in the matter, where Gachagua is seeking to stop the Senate from the second leg of his impeachment on Wednesday and Thursday.

Respondents in the matter prayed before the three-judge bench that the matter was dealt with by Justice Chacha Mwita, who declined to issue conservatory orders restraining the Senate from proceeding with Gachagua’s impeachment.

This even as the Senate has already unveiled the programme for the hearing of the impeachment motion against the DP, set to begin just one hour after the court session.

At exactly 9am on Wednesday, the Senators are required to have all taken their seats at the chambers and will be going for a pre-hearing meeting that will take about one hour, according to a schedule released by the Clerk.

This session that will be held behind closed doors will be termed in court terms as a pre-trial hearing.

The Senators at 10am will then go into preliminaries that will entail recital of the mandate of the Senate, rules of procedure and hearing programme.

This will also include introduction of lawmakers representing the National Assembly and their counsel, if any, and finally introduction of the Deputy President and his counsel.

The National Assembly will be represented by Kibwezi West MP Mwengi Eckomas Mutuse, who is the mover of the impeachment motion, Rarieda lawmaker Otiende Amollo, JLAC Chairperson George Murugara, Homa Bay Town legislator Peter Kaluma, as well as his Kanduyi counterpart John Makali.

From 10.30am to 11am, Clerk of the Senate Jeremiah Nyegenye will read the charges against the Deputy President and then put the question to him whether he is guilty or not. Thereafter, the two sides will each be given half an hour to make their opening statements.

After the opening statements then comes the marathon hearings starting with the National Assembly, who will have 3 hours to prosecute Gachagua, and two hours for the Deputy President to cross examine his accusers.

At 7.30pm, the Senate will adjourn awaiting Thursday, the final day of hearing the impeachment motion.