High Court issues ruling on DP Gachagua impeachment

The High Court declines to give interim orders to stop the presentation of the impeachment motion against Deputy President Rigathi Gachagua in Parliament.

The High Court on Monday declined to issue interim orders to stop the National Assembly from processing a motion to impeach Deputy President Rigath Gachagua.

In a ruling on Monday, September 30, High Court Judge Bahati Mwamuye declined the request by former UDA party Secretary General Cleophas Malalah.

“Before this Court is the Certificate of Urgency dated 30/09/2024 signed by the Counsel Peter Mwenda Njagi, the Chamber Summons dated 30/09/2024, and the Supporting Affidavit of the Petitioner/Applicant, Cleophas Wakhungu Malalah, dated 30/09/2024; all of which were filed alongside a Petition dated 30/09/2024.

“I note that the Chamber Summons and the Petition seek interim and final orders respectively against the Respondents and the 1st and 2nd Interested Parties restraining them, jointly and severally, from tabling, debating, considering, or acting upon any motion for the removal or levying of sanctions against the 3rd Interested Party, the Deputy President of the Republic of Kenya,” part of the ruling read in part.

Malalah moved to Court on Monday to stop the impeachment motion being tabled in the National Assembly. The case will be mentioned next week on Monday.

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“The Respondents and the Interested Parties are to file and serve their responses to the Chamber Summons by close of business 03/10/2024. The Petitioner/Applicant shall have leave to file and serve a rejoinder, if need be, by close of business 04/10/2024.

“The matter shall be mentioned on 07/10/2024 for further directions and/or issuance of orders,” the ruling reads in part.

National Assembly Majority Leader Kimani Ichung’wah confirmed on Sunday that there is an impeachment motion against the Deputy President.

“It is true there is an impeachment motion against the Deputy President. As the MP for Kikuyu, I have read the motion and appended my signature.

“We need to focus on development politics to fulfill the promises we made,” Ichung’wah stated.

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