The Office of Attorney General headed by AG Dorcas Oduor has strongly pushed to have two conservatory orders separately issued by a Nairobi and Kerugoya court respectively barring the nomination of the new Deputy President and subsequent swearing in into office.
This is aimed at clearing way for Interior Cabinet Secretary Kithure Kindiki who was nominated as Deputy President by president William Ruto and approval vote given a clean bill of health by the National Assembly in a process hurriedly rushed in a supersonic speed.
The AG through Senior Counsel Professor Githu Muigai told the justice Eric Ogola led three judge bench that the order was issued ex parte and should be set aside to allow the swearing in of the new Deputy President.
Githu who accompanied by deputy litigation counsel Charles Mutinda, said that Gachagua can only be compensated for a one-month salary since his impeachment has been pronounced by the National Assembly and the Senate.
They told Justices Eric Ogola Justice, Dr. Freda Mugambi and Justice Anthony Mrima that the country cannot be held in lump sum through a court order.
The statements of professor Githu and Mutinda were echoed by Professor Tom Ojienda, who represents the Senate by saying that once the impeachment motion was passed, Rigathi Gachagua ceased to be the deputy president of the Republic of Kenya.
Professor Ojienda told the bench that Gachagua failed to defend himself before the Senate.
He said out of 11 charges levelled against him, 6 were upheld.
He submitted that Gachagua had an opportunity to defend himself or, through his counsels has provided under the standing order of the Senate.
He added that Gachagua,s lawyers walked out of the trial chamber, saying that their client having been taken ill was not supported by way of medical documentation.
Professor Ojienda said that 282 members of the National Assembly voted in support of the motion for impeachment.
Kerugoya High Court Judge Justice Mwongo Richard Mururu and Nairobi High Court Judge Justice Chacha Mwita sitting in Nairobi particularly stopped the swearing-in of Kithure Kindiki whom president William Ruto had nominated to become the new Deputy President.
Gachagua moved to court on Friday, October 18, 2024 and obtained seeking orders to block his replacement as Deputy President immediately after the Senate upheld his impeachment on the previous night.