MUTAKHA KANGU: If Gachagua quits, his trial at the Senate will collapse

BY MUTAKHA KANGU

I think if the Deputy President resigns, the trial will not continue in the Senate. 

The Senate can only continue with the proceedings if the person they are investigating is in office.

But I don’t have a clear answer.

This is a matter I have not given proper thought to. But the Senate may not proceed with the hearing if he resigns.

Also, some of the charges the Deputy President is facing are criminal in nature and it is not clear whether the Senate will delve into all of them.

But impeachment implies that if you are removed, then you are not able to run for election again.

You remember [former Nairobi Governor] Mike Sonko was told by courts that he could not run again.

I have no clear answer on this and I think it needs to be interpreted further but impeachment has serious implications.

Either way, the charges have been brought, depending on how they will go, this way or that way I’m not sure.

It is not clear what happens if he is impeached, whether he will not hold any other public office or enjoy any other benefits after that.

But the Senate is now seized of the matter.

They will investigate it and take a vote in the end. If they are convinced that the charges hold water, then they will vote for it. 

The Deputy President may go to court, and I think he has indicated so. So, the courts will give direction.

They will decide whether the impeachment followed the procedure as set out in the Constitution or not.

If they find the process was not followed, then they will quash the impeachment.

If the courts find the process was above board, then he will stand impeached. It is a matter that the courts will give directions on. 

The lawyer spoke to the Star