A fresh legal battle has emerged at the High Court in Nairobi, where a petition has been filed seeking to halt the process of replacing Deputy President Rigathi Gachagua.
The petition, submitted by Sheria Mtaani Na Shadrack Wambui, requests urgent intervention to block the National Assembly from deliberating on the nomination of Interior CS Kithure Kindiki as Gachagua’s potential successor.
This comes after a Gazette Notice issued by Senate Speaker Amason Kingi declared the Deputy President’s office vacant, following a Senate vote to uphold five of the eleven charges in Gachagua’s impeachment.
The impeachment motion, sponsored by Kibwezi West MP Mwengi Mutuse, saw senators cast their votes late into the night, eventually approving some of the charges brought against Gachagua.
Following this decision, President William Ruto, acting on the Senate’s notice, nominated Kithure Kindiki to fill the now-vacant position. The nomination was swiftly forwarded to the National Assembly, where lawmakers have begun considering Kindiki’s suitability for the role of Deputy President.
However, the petitioners have raised concerns, arguing that the impeachment process was flawed and violated Gachagua’s rights. According to the petition, Gachagua was not given a fair opportunity to participate in the Senate proceedings that led to his ouster, prompting the court filing.
The petitioners are seeking a conservatory order to temporarily halt the actions of the Senate and stop the National Assembly from proceeding with the nomination review. They are also urging the court to prevent President Ruto from acting further on the Gazette Notice.
The legal action has brought the Senate Speaker, National Assembly Speaker, and the Attorney General into the fray, as they have all been named as respondents in the petition. Gachagua himself has been listed as an interested party, suggesting that he may have a direct stake in the outcome of the court’s decision.
Lawyer Danstan Omari, representing the petitioners, is calling for the matter to be referred to Chief Justice Martha Koome to constitute a bench of three or more judges, given the significant legal implications of the case. With the petition filed under a certificate of urgency, the court will now determine whether to intervene in the ongoing political process or allow the National Assembly to continue its deliberations on Kindiki’s nomination.
By Kenyans