DP Rigathi Gachagua today has lost in bid to have the judiciary halt his Impeachment trial at the senate .
This is after a three Judge bench this morning ruled that DP Gachagua won’t suffer any prejudice if the impeachment motion proceeds at senate.
Judges Erick Ogolla, Antony Mrima and Frida Mugambi while declining to grant him the orders, said that Gachagua’s case would not be lost as he could move to court to challenge the outcome in any event the voting goes against his wish.
The Judges said that a Court exercising jurisdiction in an application for conservatory orders must sustain a delicate balance by ensuring that it does not delve into undetermined issues which largely fall within the realm of the main dispute.
According to the Judges, a prima facie case for the issuance of conservatory orders was established as the application raised constitutional issues that require further judicial interrogation.
However, the Court found that no prejudice would be suffered by DP Gachagua should the said impeachment at the senate proceed to its logical conclusion.
The Court ruled that the impeachment process was lawful.
