Lawyer Ahmednasir Abdullahi advises Gachagua to resign before tomorrow afternoon

• Vice President Rigathi Gachagua is set to confront senators who now hold his fate in their hands after 282 members of the National Assembly impeached him
• Senators are expected to investigate in detail all charges that formed the basis for Gachagua’s impeachment.
• Apparently, because there are slim chances of convincing the senators otherwise, the vice president has been advised to resign to save himself politically.

Eli Odaga, a journalist at TUKO.co.ke, brings with him over three years of experience covering politics and current affairs in Kenya.

Nairobi – It will now be several hours before the country’s attention turns to the Senate, where the impeachment of Vice President Rigathi Gachagua will be finalized.

The House of Lords, led by Speaker Amason Kingi, will convene its special plenary sessions from Wednesday, October 16, when the charges against Gachagua and his responses to them will be examined in detail.

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Why Gachagua must resign soon – Ahmednasir Abdullahi

The hearings will continue after the High Court in Nairobi refused to grant Gachagua’s prayers to stop the Senate from continuing the trial.

In light of the developments in the court, lawyer Ahmednasir Abdullahi is now advising Gachagua to consider giving up his seat to save his political career as deposed people are not allowed to hold public office in Kenya.

According to Ahmednasir, Gachagua now has a short grace period to save himself politically; his late resignation would not stop the impeachment process.

The only remedy for impeachment, the lawyer says, is for the vice president to respectfully resign.

“Reverend Rigathi Gachagua has a very short period to resign. If he wants a new life in politics, he must resign before the impeachment motion starts in the Senate. If he tries to resign midway when the impeachment trial is complete If evidence is presented and prosecuted by the representatives of the National Assembly, the Senate will not stop the trial. He will not hold back his belated resignation by tomorrow at the latest,” Ahmednasir noted.

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The lawyer suggested that Gachagua has slim chances in the Senate, arguing that the court’s decision has worsened his situation.

Why Gachagua wanted the Senate proceedings halted

The vice president had gone to the Supreme Court seeking preliminary injunctions to halt his Senate trial.

In his petition, Gachagua argued that the National Assembly had violated his constitutional rights and that only the court could save him from impeachment.

Through his legal team, he stated that the National Assembly resolution is invalid for several reasons, and that the impeachment motion is full of general and unsupported accusations.

How judge Chacha Mwita ruled in Gachagua’s case

Milimani court chairman Chacha Mwita refused to grant the orders sought by Gachagua’s legal team.

Justice Mwita said the courts have no power to oversee decisions, including impeachment, made by quasi-judicial bodies such as the National Assembly and the Senate.

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Some respondents to the petition, including the Senate, had argued that the court had no jurisdiction as the issue in question arose from a constitutional process.

In his ruling, Judge Mwita refused to halt the proceedings, stating that the Senate must be allowed to perform its functions.

He reasoned that the Constitution delegated the impeachment process to Parliament and that the court should not interfere.

Meanwhile, it’s all systems go to the Senate, where Gachagua’s fate will be decided.

On Monday, October 14, the parties made their load of material available ahead of the plenary sessions.

Witnesses led by the National Assembly are also expected to take the stand to provide accountability.

Source: TUKO.co.ke