Nairobi — The High Court has declined to issue interim orders in a second attempt by civil society organizations to stop the impeachment process against Deputy President Rigathi Gachagua.
The decision is a setback for Gachagua, whose impeachment motion is expected to be tabled in the National Assembly on Tuesday.
The petitioners, civil society group Sheria Mtaani and activist Shadrack Wambui, sought to challenge the legitimacy of the impeachment motion, raising concerns over procedural fairness and the constitutional rights of the Deputy President.
Justice Chacha Mwita directed that pleadings be served to all parties immediately, with responses required within three days after service.
Further directions on the case are scheduled for October 9, 2024.
In his ruling, Justice Mwita stressed the importance of procedural compliance, warning that failure to adhere to court orders could result in penalties.
"Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same," he warned.
This ruling follows a previous failed attempt by ousted United Democratic Alliance (UDA) Secretary-General Cleophas Malalah to block Gachagua's impeachment.
Malalah's application argued that the composition of both the Senate and the National Assembly violated constitutional gender rules, as outlined in Articles 27(8) and 81(b) of the Kenyan Constitution, which mandate that no more than two-thirds of elective bodies be composed of the same gender.
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Malalah sought to stop any further discussions or actions on the impeachment motion, contending that the gender imbalance in Parliament rendered the process unconstitutional.
Despite certifying Malalah's petition as urgent, Justice Bahati Mwamuye declined to issue interim orders to halt the impeachment.
The court scheduled the case for an expedited hearing, instructing that the petition be served on all respondents, including the National Assembly, Senate, and other interested parties, by the close of business on September 30, 2024.
The respondents are required to file their responses by October 3, 2024, with the petitioner allowed to file a rejoinder by October 4, 2024.
The case will be mentioned again on October 7, 2024, for further directions.
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 also accused of corruptly and unlawfully acquiring assets using taxpayers' money.
