Nairobi — The constitutional court has been petitioned to issue an order stopping the National Assembly from deliberating and endorsing a nominee to the position of the deputy president.

The embattled deputy president Rigathi Gachagua through his Lawyer Paul Muite, human rights organisation trading as Sheria Mtaani through their councils Danstan Omari and Shadrack Wambui and senior lawyer Mutembei Marete representing 32 applicants wants a court to issue a conservatory order restraining the National Assembly from endorsing a nominee prosed by the Head of the State.

The lawyers argue in their separate applications that the Senate acted unlawfully in adopting the resolution made by Parliament by impeaching DP Gachagua.

The action by the Senate was a deliberate denial of the constitutional rights of the DP to a fair hearing despite the fact that the senate was informed that Gachagua was taken ill and was admitted at Karen hospital.

The lawyers further said that Gachagua was not given the opportunity to defend himself over the allegations made by kibwezi West Mp Mwengi Mutuse, which were tabled in Parliament

The lawyers seek the court to arrest the situation by issuing a conservatory order stopping the speaker of the National Assembly from allowing the delibaration and endorsing the proposed nominee professor Kithure Kindiki.