Lawyer Danstan Omari Files Petition To Stop Rigathi Gachagua’s Impeachment

A lobby group named Sheria Mtaani has filed a second petition to prevent Deputy President Rigathi Gachagua’s impeachment....CLICK HERE TO READ THE FULL ARTICLE

What did Sheria Mtaani say about Gachagua’s impeachment?

The lobby group, through lawyer Danstan Omari, argues that Parliament is not properly constituted to pass any motion.

“The composition of the National Assembly is yet to meet the constitutional two-third gender rule under article 100 by its deliberate failure to pass a law pursuant to the fifth schedule of the Constitution even after a recommendation from the Retired Chief Justice Kenani Maraga to have the previous Parliament dissolved,” the application read in part.

Thus, an unconstitutionally composed National Assembly cannot rightfully and in the name of the Constitution seek to preside over the ouster of the Interested Party who exercises delegated sovereign will of the people of Kenya by virtue of his election to office,” the application further stated.

Omari further stated that the Deputy Speaker of the National Assembly, Gladys Shollei, showed open bias when she vowed to ensure the removal of Gachagua during a church service.

What’s Sheria Mtaani’s request to court?

In the application, Sheria Mtaani seeks a court order to prevent Parliament from debating or introducing the impeachment motion.

Justice Chacha Mwita, however, declined to issue temporary orders and instructed the parties involved, including the Speaker of the National Assembly, the Clerk, the Speaker of the Senate, and the Attorney General, to appear in court on October 9.

In a certificate of urgency, the group challenged the legitimacy of the impeachment motion, citing concerns about procedural fairness and the deputy president’s constitutional rights.

Mwita ordered that all pleadings be served to the parties immediately, with responses due within three days of being served…CLICK HERE TO READ MORE ARTICLES>>>