Lawyer Evans Ogada, representing Rigathi Gachagua in a high-stakes legal battle, has raised concerns over the ongoing legal proceedings related to Gachagua’s recent impeachment by the Senate. Ogada warns that Kenya’s judiciary is at a critical juncture, facing what he describes as a “perfect storm in a teacup.” He argues that the legal process around Gachagua’s impeachment and subsequent petition requires thorough and impartial examination; otherwise, Kenya risks setting a dangerous precedent.
Ogada’s main apprehension centers on the swearing-in of Professor Kithure Kindiki as the country’s next Deputy President. President William Ruto appointed Kindiki to succeed Gachagua after the Senate’s motion to impeach Gachagua, tabled by MP Mwengi Mutuse, passed. The implications of this appointment are significant, as the judiciary’s decision regarding Gachagua’s petition could influence the legitimacy of Kindiki’s new role.
In Ogada’s view, allowing Kindiki’s swearing-in while Gachagua’s petition remains unresolved would render the petition meaningless. This, he argues, would turn the process into an academic exercise with no real impact, effectively making Gachagua’s legal struggle irrelevant in the face of executive actions. He urges the judiciary to recognize the weight of its role in this matter and cautions that proceeding without due diligence could tarnish the court’s legacy.
The case is currently being heard at the Milimani Law Courts, having commenced on Tuesday. It’s anticipated to attract significant public interest as the implications extend beyond the immediate parties involved. At stake is not just Gachagua’s political future but also the integrity of Kenya’s legal processes in upholding checks and balances. For Ogada, this case is about defending the judiciary’s ability to ensure that the rule of law prevails over political expediency, and he is committed to ensuring that this principle is not compromised for any quick resolutions or rushed decisions.
By Newshub