A petition has been formally submitted to the constitutional court, aiming to secure an order that would bar the National Assembly from discussing or approving a new nominee for the position of Deputy President.
This legal action has been initiated by the recently ousted Deputy President, Rigathi Gachagua, through his lawyer, Paul Muite.
Joining him in this petition are members of the human rights organization Sheria Mtaani, represented by attorneys Danstan Omari and Shadrack Wambui.
Senior counsel Mutembei Marete is also involved, advocating on behalf of 32 other applicants who support Gachagua’s cause.
The legal representatives assert that the Senate exceeded its jurisdiction when it adopted the resolution to impeach Gachagua.
They argue that this process infringed upon the Deputy President’s constitutional right to a fair hearing.
They emphasize that the Senate was fully aware of Gachagua’s hospitalization at Karen Hospital, which should have been taken into account during the impeachment proceedings.
Furthermore, the lawyers contend that Gachagua was not given a reasonable opportunity to defend himself against the serious allegations made by Kibwezi West MP Mwengi Mutuse.
These allegations were presented in Parliament, and the lack of a fair chance to respond undermined the integrity of the impeachment process.
In light of these claims, the attorneys are specifically seeking a conservatory order from the court.
This order would prevent the Speaker of the National Assembly from allowing any discussions or voting on the nomination of Professor Kithure Kindiki.
Kindiki has been proposed as the new Deputy President, but the legal team believes that the ongoing situation warrants judicial intervention to ensure that Gachagua’s rights are protected and that the impeachment process was conducted lawfully.
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