Nairobi — The High Court in Nairobi has declined to stop an impeachment motion against Deputy President Rigathi Gachagua,
The application was filed by ousted United Democratic Alliance (UDA) Secretary General Cleophas Malalah, who argues that the composition of the Senate and National Assembly violates constitutional requirements.
Malalah sought to block any further discussions or actions on a motion seeking to remove or impose sanctions on Gachagua.
He argued that both the Senate and National Assembly fail to meet the constitutional gender rule, as outlined in Article 27(8) and Article 81(b) of the Kenyan Constitution, which mandates that no more than two-thirds of elective bodies be of the same gender.
"The basis advanced by the Petitioner/Applicant is that the 1st and 2nd Respondents, the National Assembly and the Senate respectively, are allegedly unconstitutional in terms of their composition due to an alleged failure by the Respondents, jointly and severally, to meet the constitutional requirements regarding the 'no more than two-thirds gender rule' set out under Article 27(8) and Article 81(b) of the Constitution," read the motion in part.
In his ruling on the matter, Justice Bahati Mwamuye certified the petition as urgent but declined to issue interim orders stopping the impeachment motion.
The court, however, scheduled the case for an expedited hearing, ordering that the petition be served on all respondents, including the National Assembly, Senate, and other interested parties by close of business on September 30, 2024.
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The respondents have been directed to file their responses by October 3, 2024, with the petitioner allowed to file a rejoinder by October 4, 2024.
The matter will be mentioned in court again on October 7, 2024, for further directions.
Malalah's suit comes amid mounting political pressure on Deputy President Gachagua, whose impeachment motion is expected to be tabled in the National Assembly on Tuesday
The accusations leveled against Gachagua include violation of Article 10 on the National Values and Principles of Governance on account of his public utterances which his accusers argue have been inciteful, reckless inflammatory and capable of stirring ethnic hatred and balkanization.
Further, DP Gachagua is also accused of violating of articles 147, 148,174,186 and 189 which speak to his conduct and responsibility as the principal assistant to the President.
The Deputy President is further accused of corruptly and unlawfully acquiring assets using taxpayers' money.
He is also accused of violations of both national and international law, undermining the National Cohesion and Integration Act, violation of the Anti-Corruption and Economic Crimes Act, violation of the Proceeds of Crime and Anti-Money Laundering Act, violation of the Penal Code and the Leadership and Integrity Act.
