The High Court in Kerugoya has declined to annul the conservatory orders stopping the assumption of the Office of the Deputy President by Kithure Kindiki.[…]CLICK HERE TO READ THE FULL ARTICLE▶
State House and the National Assembly filed applications to challenge the injunctions against Kindiki’s nomination.
On Saturday, October 19, Lady Justice Fred Mugambi directed that the applications against the injunctions be determined on Tuesday, October 22, by a three-judge bench empanelled by Chief Justice Martha Koome.
The open court session will feature both parties.
“In light of the urgency of the matter and the weighty issues raised therein, we direct that the application be served and responded to forthwith for hearing inter-parties on Tuesday 22nd October 2024 at 11 am in open court,” directed Mugambi.
Justice Chacha Mwita on Friday, October 18, stayed the process of installing Kindiki as the new deputy president until the case filed by a beleaguered Gachagua was heard and determined.
Mwita said that the pleadings and supporting affidavits from Gachagua’s lawyers merited and thus satisfied the court to issue the stay order.
In his petition filed in court, Gachagua, through his lawyers, faulted the Senate plenary’s decision noting that the impeachment took place in his absence, hence violating his right to a fair hearing.
The legal team led by Paul Muite argued that the charges brought against Gachagua before the National Assembly and later upheld by the Senate were baseless and lacked sufficient evidence.
He stated that the Senate, as the deciding body, was required by law to act as an impartial arbitrator in determining whether the accusations had been substantiated.
Gachagua listed the Speaker of the National Assembly, the Speaker of the Senate, the Senate, and the Attorney General as respondents in the petition.
Muite stated that allowing the gazettement of the new deputy president would be unfair to Gachagua, arguing that doing so before the case is fully resolved would violate his constitutional rights.
Immediately after the Senate upheld the impeachment of Rigathi Gachagua, President William Ruto forwarded the nomination of outgoing Interior CS Kithure Kindiki to the National Assembly.
The National Assembly, stewarded by Speaker Moses Wetang’ula, voted in favour of Kindiki’s nomination;
Wetang’ula later gazetted the nomination, paving the way for Kindiki’s swearing-in.
The Senate ratified five out of 11 charges to uphold the National Assembly’s resolution to impeach Gachagua…CLICK HERE TO READ MORE ARTICLES>>>
