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Gachagua was impeached and removed from office in mid-October 2024, triggering a cascade of court battles questioning the impeachment process/FILE

Kenya

Senate Defends Gachagua Impeachment Process as Constitutional in Court Battle

The Senate argued that impeachment proceedings should not be assessed using the standards applied to courts or tribunals

NAIROBI, Kenya May 14 – The Senate has defended its handling of the impeachment proceedings against former Deputy President Rigathi Gachagua, telling the court that it acted fully within the Constitution and followed all applicable parliamentary procedures.

Through its legal team, the Senate argued that impeachment proceedings should not be assessed using the standards applied to courts or tribunals, saying the Upper House exercises a special constitutional oversight mandate that is separate from judicial functions.

Lawyers representing the Senate maintained that the process was conducted in accordance with Standing Orders and existing laws, insisting there was no procedural breach during the handling of the motion.

“The Senate discharged its constitutional mandate as required under the law,” the lawyers submitted before the court.

The Senate further dismissed claims that there were irregularities in the introduction and processing of the impeachment motion on the 16th and 17th, arguing that assertions suggesting the motion ought to have remained pending for six months had no legal basis.

According to the submissions, the Constitution provides a clear framework for impeachment proceedings, and the Senate acted within those limits throughout the process.

The arguments were presented as the court continued hearing petitions challenging the impeachment of Gachagua, with petitioners questioning whether Parliament complied with constitutional safeguards and procedural requirements.

On Tuesday, lawyers representing the National Assembly also defended the process, saying the impeachment proceedings were conducted within constitutionally prescribed timelines. They added that Parliament facilitated public participation by publishing notices in both English and Kiswahili, inviting members of the public to submit their views ahead of debate and voting on the motion.

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