Gachagua files petition in court to challenenge his impeachment
Former Deputy President Rigathi Gachagua's legal team on Friday morning moved to court to challenge Rigathi Gachagua impeachment
Former Deputy President Rigathi Gachagua’s legal team on Friday morning moved to court to challenge Rigathi Gachagua impeachment.
The legal team led by Senior Counsel Paul Muite faulted the Senate plenary’s decision noting that the impeachment took place in the absence of the former deputy president who was a key witness.
The former deputy president was on Thursday evening dismissed from his position after a majority of the Senators voted in favour of the impeachment motion.
However, the impeachment occurred in the absence of the former deputy president who was scheduled to testify before the Senators but reportedly fell ill in the course of the proceedings. Gachagua’s lawyers attributed Gachagua’s illness to severe chest pains.
Gachagua’s legal team had initially promised to move to court if the Senate resolved to impeach the former deputy president.
Senior Counsel Victor Swanya who spoke to the press earlier this month noted that they would seek legal avenues in case the Senate declined to subvert the National Assembly’s decision.
According to Swanya, if the Senate upheld the impeachment of the former second in command then they would sue both houses over allegations of poor public participation.
The lawyer categorically noted that they would challenge the decision to only allocate two days for public participation arguing this limited time is inconsistent with the constitution which seeks to give adequate time for effective public engagement.
Swanya further added that Gachagua’s legal team would also challenge the decision by the Speaker of the National Assembly Moses Wetangula and his deputy, Gladys Boss to preside over the impeachment. The lawyer claimed the duo would compromise the outcome since they had already taken sides on the matter.
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“We have looked through the accusations of his excellency as the deputy president and we are prepared. You are giving notice now, and people wake up about what to be on that particular day, how fair is that? For the sake of natural justice, I think the two principal officers should recuse themselves,” Swanya told the press.
The decision to challenge the impeachment coincided with the National Assembly’s special seating on Friday morning. During the seating, Speaker Moses Wetangula announced that Interior Cabinet Secretary Kithure Kindiki had been nominated by President William Ruto to replace Gachagua.
“I have received a message from the president regarding the nomination of Kithure Kindiki to fill the vacancy which has occurred in the office of the deputy president following the impeachment of the previous office holder,” Speaker Wetangula announced.
The former Interior Cabinet Secretary is set to undergo scrutiny by the National Assembly within sixty days. After parliamentary approval, Kindiki will formally be appointed by President Ruto to replace Gachagua as the deputy president.
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