Impeached DP Gachagua’s fate to be sealed in today’s High Court legal duel
A three judge bench comprising of Justices Eric Ogola, Anthony Mrima, and Freda Mugambi will this morning seal the uncertain fate of impeached Deputy President Riagthi Gachagau by giving him a political lifeline or condemning him to political oblivion in today’s petition ruling challenging his ouster by Parliament and nomination and gazettment for appointment of Interior Cabinet Secretary Kithure Kindiki as Deputy President.
Pundits have buoyed the three-judge bench decision as a do-or-die for the impeached Deputy President.
The trio are expected to rule on whether to vacate or extend conservatory orders restraining the assumption of office by Kithure Kindiki after his nomination as DP was approved by the National Assembly on Friday, October 18, 2024.
Essentially, the judges will determine whether to vacate or extend conservatory orders that have restrained Kindiki from assuming office.
This is after High Court judges Chacha Mwita from Milimani and Richard Mwongo from Kerugoya issued conservatory orders staying the implementation of the resolution passed by the Senate removing Gachagua from office by way of impeachment and restraining the assumption of office by Kindiki.
The government, through the Attorney General Dorcas Oduor is seeking to have the order obtained by Gachagua’s legal team lifted to allow Kindiki’s swearing-in.
The case was referred to the three-judge bench by Kerugoya Judge Richard Mwongo, who initially issued the conservatory orders halting Kindiki’s assumption of office pending today’s hearing.
The bench has scheduled the hearing for 11 a.m. in open court.
Attempts by Attorney General Oduor to have the orders vacated were dismissed by the three-judge bench, which instead ordered an inter-partes hearing today morning.
This comes even as two complaints have already been filed to the Chief Justice Martha Koome and Deputy Registrar of the Judiciary regarding the procedure of empanelment of the bench.
In a letter addressed to the Chief Justice dated 21st October 2024, by Njindo Matiba, the lawyer states that : “As we wait for the hearing of the Respondents’ case on Tuesday 22nd October 2024, the supporters of the unlawful impeachment led by Hon. Oscar Sudi have publicly stated and bragged that the Bench which sat on Saturday under opaque and mysterious circumstances set aside the orders barring the swearing in of Hon. Kithure Kindiki in order that he may be sworn on the same day.”
In a letter addressed to the Deputy Registrar of the Judiciary dated October 20, 2024, by Kamotho Njomo, the lawyer demands to know whether the file was actually taken to the Chief Justice and at what time.
He also questioned whether indeed there are directions recorded in the file constituting the bench which then proceeded to issue directions on Saturday, October 19, 2024.
