Should the Senate confirm impeachment of Deputy President Rigathi Gachagua today, the battle is likely to move to courts that could reinstate him in office - if he establishes sufficient grounds - until determination of the petition.
It could rekindle the fierce legal battles witnessed in the past where governors have successfully stayed in office despite Senate verdict to impeach them.
Mr Martin Wambora was impeached by the Senate as Embu governor but served out his term until 2017, and secured re-election, and most recently, Meru governor Kawira Mwangara is still in office despite impeachment by the Senate courtesy of court intervention.
The senate, the trial chamber, is equally expected to either substantiate the 11 charges levelled against the DP in a special motion by Kibwezi West MP Mwengi Mutuse, or dismiss them.
His legal team, through numerous cases that were initially lodged to try scuttle parliamentary proceedings, gave pointers to his likely defence in court.
Final day of DP Rigathi Gachagua's impeachment trial
Central to the petitions is raising doubts on the process including poking holes on the public participation done on the impeachment proceedings.
The DP’s legal team contends the public hearings were not extensive and that the forums should have incorporated Mr Gachagua’s defence so that the public can make an informed choice.
Another argument is that the charges lack merit as they are not backed with solid evidence to meet the threshold to impeach a deputy president.
'Waende wote': Eldoret resident on DP Gachagua's ouster
Mr Gachagua maintains that they were voted in as a joint ticket with President William Ruto and he should not be ejected from office by a few MPs based on trumped up charges.
The developments in the Senate where Mr Gachagua’s legal team has poked holes on testimony by the prosecution witnesses has given the deputy president the confidence that he would have a strong case in the courts in the event the Senate impeaches him.
“We have high hopes in the judiciary. Our judiciary is very professional and I have no doubt in my mind that our eminent judges will protect the constitution and the rule of law and make always make use the will of the people is sovereign,” said the DP in Embu last Sunday.
DP Gachagua's Impeachment trial
In a bid to fight his ouster, the DP will only have the option to seek legal redress to stop the gazettement of the senate resolution and declaration of vacancy in the office of the DP by Speaker Amason Kingi, by squashing the impeachment proceedings in the bicameral House.
Presiding Judge Patrick Otieno and Justice Wamae Cherere ordered the ousted governor to be reinstated on public participation violation and his right for fair administrative action and fair hearing as provided in Articles 10, 47 and 50 of the constitution and the County Governments Act and the Standing Orders of the county assembly.
Read: Road to replacing a DP: What happens until swearing in
The seven judge bench led by Chief Justice Martha Koome argued: “A State officer may be impeached or removed from office for, among other transgressions, gross violation of the constitution or of any other law; commission of a crime; abuse of office; gross misconduct; and violation of the constitution or any other law.”
Still in the case of Sonko, Constitutional and Human Rights Division, of the High court, a three judge bench comprising Said Chitembwe, Weldon Korir and Wilfrida okwany noted, “holder of such an office is expected to carry himself with dignity, humility, integrity, comportment and respect for others.
Governor Kawira’s impeachment is also testing new legal grounds, with a 2019 law that was to solve transition chaos as the court determines the case.
