In Kenya, a high court of justice on Tuesday, October 15, rejected the appeals filed by the vice-president, Rigathi Gachagua, to suspend his dismissal. Last week, the National Assembly voted, by a large majority, a motion to this effect. The deputies accuse him in particular of having violated the Constitution, sowing discord and embezzling money. Without any legal recourse, Rigathi Gachagua will have to explain himself to senators this Wednesday.
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With our correspondent in Nairobi, Gaëlle Laleix
It is in the name of the separation of powers that Judge Chacha Mwita rejected the appeals filed by Rigathi Gachagua. According to him, the judiciary is not likely to intervene in a procedure underway within Parliament.
Even before the judgment was rendered, Senate President Amason Kingi warned: “ Any injunction attempting to interfere with the work of Parliament has no effect on it and its committees while they exercise their constitutional functions. So the question of the consequences of the judgments of the High Court on the activities of the Senate is settled “.
In total, 26 appeals were filed by Rigathi Gachagua. The vice-president believes in particular that the evidence presented by the impeachment motion does not hold water. The National Assembly also allegedly rushed the process, notably botching the obligatory “public consultations”. “ Only 225 000 people spoke out, out of more than 14 million voters », was indignant Paul Muite, lawyer for the vice-president, during the hearing.
In his judgment, Chacha Mwita acknowledged that the appeals presented raised serious legal questions. It will now be up to senators to judge.
In the Senate, the presidential party which tabled the motion holds the majority. He is supported by the main opposition party ODM, the Orange Democratic Movement, but some voices are being raised to denounce a settling of political scores. Senator Richard Onyonka, ODM: “ In the Assembly, the deputies delivered a real lynching whose intention and goal was to punish and defame Rigathi Gachagua. But for us, in the Senate, it is very clear, we will look at the facts. Please give me proof. We’re not here to debate rumors “.
Former presidential candidate and lawyer Ekuru Aukot is worried about seeing Kenyan democracy weaken. According to him, the 11 grievances against Rigathi Gachagua have little legal basis: “ It’s really a question of proof. Where is the evidence? For example, on the issue of diversion, we should have started by filing a complaint. If the case of Rigathi Gachagua becomes a precedent, it becomes dangerous. It will then be necessary to plan for an avalanche of impeachment “.
The vice president has two days to convince the senators.