)
Mwilu's remarks came as the Senate impeachment trial nears its conclusion, with a decision expected by the end of today, October 17, 2024.
Speaking to the media, DCJ Mwilu emphasised that the ongoing impeachment of the Deputy President is a constitutional process and should be viewed as routine.
She noted that while the matter has drawn significant attention, the Judiciary will treat it as it would any other case, should it reach the courts.
"The impeachment process that is ongoing regarding our Deputy President is not unique. It’s an application of the Constitution. It is not something that has been plugged from the air; it has a constitutional process to follow and therefore to that extent it is constitutional," Mwilu stated.
)
)
)
)
READ: Profiles of 5 top lawyers picked to prosecute Gachagua's impeachment in Senate
Mwilu added that the Judiciary cannot anticipate the outcome of the Senate's decision but will handle the case strictly within the confines of the law if it is brought before them.
"If it comes to court after Senate, we don’t know what it is, we cannot anticipate the outcome. It will be handled by we who sit in the Judiciary in the manner the Constitution has authorised us to do and in the manner the law has authorised us to do. We cannot go outside the Constitution or the law," she affirmed.
Senate impeachment trial
The impeachment trial of Deputy President Gachagua is currently being heard in the Senate, where he faces 11 charges that could lead to his removal from office.
Senators are expected to cast their votes on the matter once the hearings conclude.
Gachagua had previously attempted to seek judicial intervention to stop the impeachment process. However, all his applications have been dismissed by the courts.
)
READ: Senate’s full schedule for DP Gachagua’s final day of impeachment trial
Justice Chacha Mwita upholds impeachment trial
In the most recent ruling, Milimani Law Courts Justice Chacha Mwita emphasised the need to allow the constitutional process to proceed without interference.
He declined Gachagua’s application for a conservatory order, which would have halted the impeachment proceedings.
“Having considered the application and the argument by parties on the Constitution and precedent, the prayer for grant of conservatory order is declined,” Justice Mwita ruled.
The court maintained that the Judiciary must not interfere prematurely with processes initiated by Parliament, reiterating the importance of following constitutional protocols.