Senate sealed Gachagua's fate, AG tells court

While arguing that Rigathi acknowledged in his reply that there is a vacancy. “There are several judges who were approached to give conservatory orders, including this Bench, but you said that they were overtaken by events. That news might not have reached some parts of the country,” he argued.

Githu termed the impeachment a legal and a political process.

“That is why the framers of the Constitution do not say the Deputy President will not be brought to Supreme Court for violation of the Constitution,” said the former AG.

Present evidence

He was of the view that if the court found there was a violation, the court could, in the end, order Gachagua to go back to the office as Kindiki returned to his Interior Cabinet Secretary position.

On the other hand, Prof Tom Ojienda, for the Senate, claimed that Gachagua was presented with an opportunity to be heard, arguing that his lawyer did not present evidence from doctors to show that he was in hospital.

“The petitioner grabbed the carpet under his own feet. He decided to ruin his own case by not being reachable by his team,” he said.

Ojienda said that it was against the public interest to freeze the impeachment process.

The Kisumu Senator also argued that in the event the court finds that Gachagua’s rights were violated, he can be compensated in terms of money.

Another lawyer, Muthomi Thinakolu, said that the High Court has no powers to hear cases emanating from the impeachment of a president or his deputy.

According to him, Gachagua ought to have gone to the Supreme Court but asserted that Kenyans in 2010 decided there should be no judicial intervention if the two were impeached.