High Court Petition Seeks to Block Ruto From Appointing New DP
A petitioner has approached the High Court seeking to prevent the swearing-in of any new deputy president if Rigathi Gachagua’s impeachment is confirmed by the Senate, providing a temporary lifeline for Gachagua.
On Thursday, Advocate Morara Omoke filed a petition in the Eldoret High Court, requesting that Gachagua remain in office until all legal matters concerning his impeachment are fully resolved.
The petition, submitted on October 9, is aimed at stopping Chief Justice Martha Koome from administering the oath to a new deputy president while the legal proceedings are still underway.
The petitioner argues that the impeachment motion against Gachagua lacks sufficient legal basis, raising questions about its political motivations.
The petition, as obtained by Gossipa2z.com, includes a request for “a conservatory order restraining the Chief Justice or any individual acting under her instructions, including the Deputy Chief Justice, from swearing in any nominated Deputy President under Article 149(1) of the Constitution of Kenya, 2010, pending the hearing and determination of this Application.”
The impeachment of Gachagua, passed by the National Assembly on Tuesday, has caused significant political upheaval.
As the matter moves to the Senate for further discussion, Morara maintains that no new deputy president should be sworn in until the courts deliver a final verdict on the issue.
The case, which has been marked as urgent, is set for hearing on October 17, coinciding with the second day of the Senate’s proceedings.
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In the petition, Morara claims the impeachment is rooted in internal conflicts within the United Democratic Alliance (UDA) rather than constitutional grounds.
He asserts that the party bypassed its dispute resolution processes, breaching the doctrine of exhaustion and essential principles under Article 159 of the Kenyan Constitution.
Additionally, Morara contends that the absence of a legal framework for the impeachment of a deputy president creates a legal gap, warranting the courts to issue protective orders to preserve Gachagua’s position.
He cautions that appointing a new deputy president before all cases are resolved would compromise the constitutional rights of voters and establish a troubling precedent.
On Wednesday, veteran lawyer Paul Muite, who leads Gachagua’s defense team, filed a request for a judicial panel, led by Chief Justice Koome, to review all the petitions concerning the impeachment.
Muite stressed the importance of Article 1 of the Constitution, which vests sovereignty in the people, arguing that the voters’ decision must be upheld until legal procedures are concluded.
With 22 petitions filed, Gachagua’s legal team is advocating for the consolidation of all cases to streamline the judicial process. Justice Lawrence Mugambi has already approved this consolidation, accelerating the legal review process.
High Court Petition Seeks to Block Ruto From Appointing New DP
