- Impeached Deputy President Rigathi Gachagua has arrived at Milimani Law Courts to challenge stay orders preventing his nominated successor, Kithure Kindiki, from assuming office
- The application, filed by Solicitor General Shadrack Mose, argues that the stay order is unconstitutional, as it creates a vacancy that the Constitution does not allow
- Gachagua’s legal team contends that the ex parte ruling from a Kirinyaga court was issued without proper jurisdiction and undermines the National Assembly’s authority in the impeachment process
Impeached Deputy President Rigathi Gachagua has arrived at Milimani Law Courts, where a three-judge bench is poised to hear a crucial application challenging stay orders that are currently blocking his nominated successor, Kithure Kindiki, from taking office.
This legal showdown comes on the heels of a controversial ruling by a Kirinyaga court issued last Friday, which has thrown Kenya’s political landscape into disarray.
The application, spearheaded by Solicitor General Shadrack Mose, argues that the stay order poses a significant threat to the nation’s constitutional framework, emphasizing that a vacancy in the Deputy President’s office is untenable.
“The conservatory orders were issued ex-parte, denying the state and the National Assembly an opportunity to present their case,” Mose stated.
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He further asserted that maintaining a vacant deputy presidency is prejudicial not only to the government but also to the citizens of Kenya.
The National Assembly has rallied behind the Solicitor General, contending that Justice Richard Mwongo issued the stay order without confirming whether he had jurisdiction over matters related to the impeachment process.
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Advocate Eric Gumbo, representing the Assembly, underscored that the Constitution vests Parliament with the exclusive authority to hold the Executive accountable, particularly through impeachment procedures.
“Justice Mwongo’s order effectively undermines the impeachment proceedings, especially given that Gachagua was removed from office on October 17,” Gumbo argued.
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As the legal battle escalates, the National Assembly cautions that halting the Senate’s resolution could precipitate a constitutional crisis.
They assert that the order was based on the non-disclosure of critical facts, including the reality that the Senate’s decision had already been enacted.
