The High Court has declined to suspend public participation scheduled for Friday October 4 regarding Deputy President Rigathi Gachagua’s impeachment.
Justice Mwamuye in his ruling on October 3 declined the petition filed by Victor Okoth and instead set a hearing on October 9.
“The Application dated 02/10/2024 shall mentioned on 09/10/2024 virtually to confirm compliance and to take directions on the expedited hearing and determination of the matter,” the court directed.
“The Court may on that day issue such interim conservatory orders or further directions as shall be deemed just, fit, and proper to issue pending the hearing and determination of the matter,” the notice further read.
This comes after Deputy President Rigathi Gachagua had launched another attempt to block Members of the National Assembly from impeaching him.
DP Gachagua had moved to court petitioning the corridors of justice to block the impeachment process.
In a petition filed by Swany and Company advocates on October 3, Gachagua has denied amassing Ksh2.5 billion in wealth in just two years adding that the impeachment motion is based on lies.
“Pending the hearing and determination of this application inter partes an order do issue suspending the public participation exercise in respect of the motion dated 26th September 2024 before the national assembly scheduled to be conducted on 4th October 2024,” reads part of the petition.
Gachagua lawyers file an application to block his impeachment
Gachagua lawyers argue that National Assembly should be given time to put in place measures to conduct a public participation exercise that complies with the guidelines set by the Supreme Court of Kenya in British American Tobacco Kenya and other key entities like PLC (formerly British American Tobacco Kenya Limited) v Cabinet Secretary for the Ministry of Health & 2 others; Kenya Tobacco Control Alliance & another (Interested Parties); Mastermind Tobacco Kenya Limited (The Affected Party) [2019] eKLR.
This the lawyers say will afford the public adequate notice, public views template, the freedom to form their own uncircumscribed views, and the opportunity to participate meaningfully in the exercise.
Also Read: List of MPs Who Have Publicly Declared Support for Gachagua
The advocate explains that the public should first the petitioner’s response to the 11 issues raised in the impeachment motion in accordance with the provisions of Articles 10, 47, and 50 of the Constitution of Kenya.
“Conducting the exercise at the 290 constituencies and the diaspora constituency at which the sovereign will of the people in the 2022 presidential election was exercised pursuant to Article 138(2) of the Constitution of Kenya,” reads another part of the petition.
The DP has accused the National Assembly Speaker Moses Wetangula and Deputy Speaker for being biased.
The DP’s lawyers’ plea
He accused the two of supporting his impeachment publicly despite the fact that they will be in charge of the impeachment motion debate at the House.
As such Gachagua’s lawyers want the court to issue conservatory orders restraining the National Assembly as a whole from processing, passing, and/or transmitting to the Senate, any resolution founded on the notice of motion dated 26/09/2024 concerning the proposed removal of the DP.
Also Read: Process of Picking a New Deputy President if Gachagua Is Kicked Out
Additionally, the lawyers want the court to restrain the Senate as a whole from admitting, processing, debating, or in any other whatsoever considering the Motion for the proposed removal of their client from office pending the hearing and determination of the application.
Earlier the court blocked four attempts to stop the second in command’s impeachment motion debate by the National Assembly.
The four that were blocked include Obuli Namenya, Caroline Wambui Mwangi, the lobby group Sheria Mtaani led by Shadrack Wambui, and former United Democratic Alliance (UDA) Secretary-General Cleophas Malala.
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