The legal team representing impeached Deputy President Rigathi Gachagua challenged the impeachment process, labeling it as “hasty.”
Lawyer Tom Macharia was particularly vocal about the National Assembly’s push to install Interior Cabinet Secretary Kithure Kindiki as Gachagua’s successor while legal battles over Gachagua’s removal are still ongoing.
Macharia asserted that the court orders suspending Gachagua’s removal and the appointment of a replacement are legally sound.
“They will claim there is a public crisis of significant magnitude,” he argued before the judges, referencing Article 146, Clause 2 of the Kenyan Constitution.
He noted, “The Constitution provides that if the presidency is vacant, the Speaker of the National Assembly will act as President, and an election must occur within 60 days of that vacancy.”
He emphasized that the Constitution anticipates potential vacancies in both the presidency and vice presidency, stating,
“The world will not end. Kenyans have made sufficient arrangements for caretaking during such absences.”
Another member of Gachagua’s legal team, Elisha Ongoya, criticized President William Ruto’s swift nomination of Kindiki and the subsequent National Assembly vote on October 18, describing it as “unprecedented.”
Ongoya appealed to the moral responsibilities of the courts, urging them to “correct injustices.”
While recognizing that the Judiciary represents Gachagua’s final recourse, Ongoya expressed optimism, saying,W`S1
He added, “This is a moment for the Judiciary to right the wrongs of the past actions of other government bodies, rather than to perpetuate them.”
The case against Gachagua has persisted for nearly two weeks since his impeachment by the Senate, and his legal team is determined to leverage every legal avenue available to contest the decision.
On Monday, Gachagua filed a petition with the Court of Appeal to pause the ongoing High Court proceedings.
His lawyer, John Njomo, contended that recent rulings were flawed and raised concerns about the legitimacy of the three-judge panel handling the case.
