Former Deputy President Rigathi Gachagua and his wife Dorcas Gachagua during the case against his impeachment at Milimani Courts. [David Gichuru,Standard]When High Court Judges sit to determine the cases filed to challenge former Deputy President Rigathi Gachagua’s impeachment, they will have to wheat whittle chaff to answer emerging tough questions lingering about the whole process.Critical to the case is the question about Gachagua’s health status during the impeachment in the Senate.Karen Hospital CEO and cardiologist Dr Daniel Gikonyo explained that Democracy for the Citizens Party (DCP) leader was ailing and required a medical check-up.On the other hand, Senate, the National Assembly, the Attorney General and the impeachment mover argued that he pulled a health card to scuttle the process.
Nevertheless, they alleged that his lawyers questioned Mutuse, filed replies to the allegations and submissions.Closely tied to this is whether Gachagua got a fair hearing and whether time at the Senate is cast in stone, such that the upper house could adjourn to allow him the three days the doctor recommended for a checkup.His lawyer Paul Muite told High Court Judges Eric Ogola, Freda Mugambi and Anthony Mrima that Senators had a pre-determined outcome, and the only thing they wanted to do was get done with it.He asserted that Senate speaker Amason Kingi misled the house by informing on the time allocated to hear and detertime a motion.According to Muite, the time the plenary took was meant for the committee.On the other hand, Senate’s lawyer Prof Tom Ojienda argued that the clock starts ticking when the motion is tabled.
