High Court issues order stopping replacement of Rigathi Gachagua as DP
Deputy President Rigathi Gachagua is ushered in the Senate, Parliament Buildings Nairobi on Thursday, October 17, 2024 during the second day of his impeachment.
The High Court has issued temporary orders stopping the replacement of Rigathi Gachagua as Deputy President until October 24, when the matter will be mentioned before a bench to be appointed by Chief Justice Martha Koome.
The order was issued Friday by Justice Chacha Mwita, just moments after all 236 MPs in Parliament voted 'Yes' for DP nominee Prof Kindiki Kithure to replace Rigathi Gachagua.
Justice Mwita further certified the petition by Mr Gachagua as raising substantial questions of law and public interest.
He directed that the file be placed before CJ Koome for appointment of a bench, who will give further directions on the hearing of the case.
“In the meantime, due to the issues raised in the petition and application, and the urgency demonstrated, a conservatory order is hereby issued staying implementation of the resolution by the Senate upholding the impeachment charges against the petitioner, the Deputy President of Kenya, including appointment of his replacement,” Justice Mwita said.
Impeached DP Gachagua moved to court challenging the basis on which the Senate endorsed the charges for his removal, arguing that all the allegations were not substantiated or supported by an evidence.
Through lawyer Paul Muite, Mr Gachagua further sought court orders to stop President William Ruto from nominating his successor, pending the determination of his case.
Mr Gachagua has challenged the entire process that led to his removal arguing that the charges levelled against are baseless and the evidence tabled before Parliament was insufficient.
"Unfounded and false allegations have been made against me in the impeachment motion before both houses. It would be in the interest of justice that such false information be corrected in line with the provisions of article 35 of the constitution," he said.
“The National Assembly and the Senate conducted themselves in an unconstitutional manner and denied the applicant the right to fair hearing. His rights under Article 50(1) of the constitution were breached.”
Mr Gachagua says the Senate was required by law to act as an impartial arbitrator in considering whether the charges before it have been substantiated or not.
Read: Imenti Central MP smells betrayal in aftermath DP Gachagua impeachment
He maintains that the evidence relied on forming the basis for his impeachment was insufficient.
Mr Gachagua had also sought an order blocking the National Assembly from vetting and approving the nomination of the person submitted by the president to fill the vacancy in the office of the Deputy President.
"It would be prejudicial to my client to allow the respondents gazette his removal by way of impeachment in a manner that stands contrary to basic constitutional provisions before this petition is heard and determined," said Muite.
