Embattled Kiambu Governor Ferdinand Waititu will, after all, be rescued by courts even if he loses in Senate, former Kakamega Senator Boni Khalwale has claimed.

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Governor Waititu will know the fate of his impeachment on Wednesday when senators vote after two days of plenary hearings.

But Khalwale now says Waititu is likely to be rescued by the courts given the alleged technicalities surrounding his removal.

"If the Senate today votes for removal of Gov Waititu, the High Court will reinstate him," said Khalwale.

During his submissions on Tuesday, Waititu said that the assembly did not meet the threshold for his removal, arguing that only 57 MCAs took part instead of 62.

He denied any wrongdoing, arguing that the process was greatly politicised by his political competitors.

"I am not guilty. Ever since I took office, I have been subjected to political witch-hunt by my detractors. They even pay bloggers to taint my name," he said.

He added: "The assembly did not have two-thirds of MCAs. We had only 57 of them. It's not the 62 as required. Please help me solve this political witch-hunt."

Should he lose in Senate, there is still room to seek justice in court like Embu Governor Martin Wambora.