The High Court issued orders on Wednesday regarding a petition that contests the impeachment of Deputy President Rigathi Gachagua, following a legal challenge initiated by a group of lawyers.
Prominent city attorney Steven Mbugua filed the petition in collaboration with the Gema Watho Association, arguing against the Senate’s decision to remove Gachagua from office.
Justice Bahati Mwamuye acknowledged the petition as urgent, with a mention scheduled for October 25.
He instructed Mbugua and the petitioners to serve all respondents and interested parties by the end of the day on October 23.
Justice Mwamuye emphasized the need for all parties involved to file their affidavits concerning the case.
He stated, “The petitioners/applicants are to serve the petition, application, and these directions on the respondents and interested parties by close of business 23/10/2024, and file affidavits of service accordingly.”
The petition was lodged at the Milimani High Court in Nairobi, naming the National Assembly Speaker, the Senate Speaker, and the Office of the Attorney General as respondents, among other interested parties.
Mbugua noted, “The petition we filed with the Gema Watho Association has been recognized as urgent and is scheduled for further directions on October 25 before Justice Bahati.”
This case is expected to garner significant legal attention as the government aims to address the impeachment controversy, with the Attorney General’s Office and the Solicitor General poised to contest the matter in court.
In a separate proceeding, a three-judge bench consisting of Justices Eric Ogola, Antony Mrima, and Freda Mugambi is expected to issue a ruling today at 3 PM on another case related to Gachagua.
The bench will determine whether to continue overseeing the impeachment case following objections from Gachagua’s legal team regarding the composition of the panel empaneled by Deputy Chief Justice Philomena Mwilu.
Additionally, Gachagua’s lawyer, John Njomo, has sent a letter to the Judiciary seeking clarification on whether Chief Justice Martha Koome was involved in selecting an odd number of judges to adjudicate all petitions concerning the impeachment process, in correspondence dated October 20, 2024.
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