Senior Counsel Ahmednasir Abdullahi has revealed two mistakes made by President William Ruto that might help impeached Deputy President (DP) Rigathi Gachagua in the court cases challenging his ouster.
Ahmednassir argues that it can be a grave mistake if the reports that President Ruto swore an affidavit are true.
He states that the 90s case law on attempts to cross-examine Late President Daniel Arap Moi provides viable lessons in this regard.
According to the lawyer, Gachagua’s legal team can take advantage of such opportunity to question the President in court and possibly to gain an upper hand in the cases.
“I saw from TV clips that Ruto swore an affidavit in the suits before the court. Terrible mistake if that is true. Only a rookie lawyer will make that mistake. I’m sure Gachagua’s lawyers will not pass that opportunity to have the President on the dock,” he said.
Ahmednasir Names Second Mistake
Additionally, he mentions that a section of lawyers representing the Senate in case are elected leaders which is against Article 77 of the Constitution.
The Article bars state officers from engaging in gainful employment and matters of conflict of interest.
Ahmednassir reasons that Gachagua’s lawyers can use the issue of Senators, Governors, Members of Parliament (MPs) and Members of County Assembly (MCAs) should represent clients in court to prolong the case.
Also Read: Why Courts Cannot Reinstate Gachagua as Deputy President – Experts
“Many Senators and MPs are on record for various parties in total contravention of Article 77 of the constitution. The case law that Governors, MCAs, MPs, Judges, Ministers…can’t represent clients in court is fairly rich and solid. Again, Gachagua’s lawyers will take a day or two to argue this point,” he said.
The lawyer stated that the two matters have the potential to delay the applications to discharge the conservatory orders staying the impeachment of Gachagua.
“I think this case will take a long time to conclude,” he added.
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Also Read: List of Senior Counsels in Kenya, Qualifications & Privileges They Enjoy
Court Dismisses Gachagua’s Petition
This follows the ruling of the three-judge bench dismissing the petition by Gachagua’s lawyers on whether the bench was rightfully constituted to hear the case challenging his impeachment.
The bench comprising justices Eric Ogola, Anthony Mrima and Freda Mugambi ruled that Deputy Chief Justice (DCJ) Philomena Mwilu acted within the law in constituting the bench to handle the petitions.
In the ruling, the judges said the Constitution allows Mwilu to perform the roles of the Chief Justice in certain circumstances.
“It is therefore our finding that the constitutional function of the CJ to assign benches, being an administrative function, can be performed by the DCJ when the CJ, for good reason, is unable to perform,” reads part of the ruling.
“We don’t find any difficulty affirming that the DCJ’s mandate can be administrative and political. It’s a constitutionally administrative function…On our part, we find the DCJ can deputize the CJ in judicial functions but not in the affairs of the JSC.”
Gachagua is challenging his ouster after the National Assembly and the Senate impeached him.
Ruto nominated Kithure Kindiki as the Deputy President before the Courts slammed breaks on his assumption of office.
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