Deputy President Rigathi Gachagua suffered another legal setback following his impeachment by the Senate. The embattled Deputy President had filed a petition at the High Court in an attempt to block the swearing-in of Interior Cabinet Secretary Kithure Kindiki as the new Deputy President. President William Ruto appointed Kindiki after Gachagua’s impeachment, but the legal battle has delayed the transition process.
The case, filed by Gachagua’s legal team, revolves around the constitutionality of his removal from office, with arguments focusing on the procedure followed in his impeachment. The motion was tabled in Parliament by MP Mwengi Mutuse, citing various grounds for Gachagua’s impeachment, including allegations of gross misconduct and abuse of office. Following the debate, the Senate overwhelmingly voted to impeach him.
Gachagua has raised concerns over the composition of the three-judge bench, which was set up by Deputy Chief Justice Philomena Mwilu. His lawyers argue that the judges should recuse themselves, claiming bias. However, the bench, composed of Justices Eric Ogola, Anthony Mrima, and Freda Mugambi, has remained firm, rejecting the application for their recusal and proceeding with the hearing.
The High Court proceedings, held at the Milimani Law Courts, began on Tuesday and have drawn significant public and political attention. Gachagua’s team is seeking to overturn his impeachment, arguing that the process violated constitutional safeguards. On the other hand, the State’s legal representatives maintain that the impeachment followed due process.
This case could set a legal precedent in Kenya, as it is one of the rare instances where a Deputy President has challenged their impeachment in court. As the hearings continue, the nation waits to see how the judiciary will navigate this politically charged matter. The outcome will significantly impact the country’s political landscape.
By Kenyans