Multiple petitions filed in court challenging former DP Gachagua’s impeachment

Several petitions challenging the impeachment of former Deputy President Rigathi Gachagua by the bicameral House, the Parliament comprising of the National Assembly and the Senate have been filed in court.

Soon after the Senate successfully impeached Gachagua, besides the petition filed by Gachagua’s legal team led by Senior Counsel Paul Muite, at least three other petitions have been filed this morning seeking to overturn Gachagua’s removal from office.

Specifically, they seek to stop the president William Ruto from nominating another deputy pending the hearing and determination of these matters.

However, already, president Ruto has nominated Interior and National Administration Cabinet Secretary Kithure Kindiki to replace and announcement made today morning by Speaker Moses Wetangula in a communication to the National Assembly.

Voting to approve Kindiki’s nomination as DP is currently underway in the National Assembly.

The matters have been filed at Milimani High Court Constitutional department.

Among the other petitioners include; Sheria Mtaani Na Shadrack Wambui and Emmanuel Elijah Otieno.

Through lawyer Danstan Omari, the group says former Deputy President Rigathi Gachagua’s impeachment decision was arrived at in his absence which is a total abuse of the constitution.

“On the night of October 17,2024, the Senate oversaw the impeachment process of the former DP who was by the decision of the Senators removed from office by way of impeachment after they(majority)found him guilty of 5 of 11 charges levied against him.” Omari said.

Omari argues that in total abuse of constitution, the Senate was supposed to conduct that process within 10 days under Article 145(3) of the constitution, but the Senate rushed the proceedings an unreasonably declined to adjourn the sittings of the house to a later date to allow Gachagua time to recuperate after he suffered chest pains.

According to Omari, there is likelihood that president Ruto, pursuant to article 149 of constitution move to act on the unconstitutional decision of the Senate causing further and unmitigated violation of the constitution.

They want the court to stop the implementation of the impeachment decision by the senate.

They claim that the nomination of Kithure Kindiki has been done in gross violation of article 137 of the constitution as he is a state officer serving as the Cabinet Secretary in Charge of Interior Security.

“No party shall stand prejudiced if the orders sought are granted as there is an urgent need to return to Status Quo in order to allow the court to investigate whether it is possible under law for the president to nominate a replacement of DP in absence of the Commissioners of the Independent Electoral and Boundaries Commission (IEBC) who have the singular duty of approving such nomination under article 82 and 88 of the Constitution of Kenya.

They are seeking orders to suspend the decision by the senate pending the hearing and Determination of this petition.

Sheria Mtaani Na Shadrack Wambui moved to court seeking urgent orders to stop the implementation of the Gazette Notice published by Senate Speaker Amason Kingi that communicated the vacancy in the Office of the Deputy President.

The petitioners have asked the court to stop the whole process claiming Gachagua’s impeachment last night was a violation of his rights as the decision was reached without his participation.