Another petition has been filed at the High Court in Nairobi, aiming to prevent the National Assembly from discussing the nomination of CS Kithure Kindiki as the replacement for Rigathi Gachagua as Deputy President. Sheria Mtaani and Shadrack Wambui are seeking urgent orders to halt the implementation of the Gazette Notice published by Senate Speaker Amason Kingi, which announced the vacancy in the Office of the Deputy President.
Last night, senators voted to uphold five of the eleven charges against Gachagua in the impeachment motion sponsored by Kibwezi West MP Mwengi Mutuse. Following this, President William Ruto nominated Kindiki for the Deputy President role based on the Gazette Notice from the Senate.
This nomination has been communicated to the National Assembly, where MPs are currently assessing Kindiki’s suitability for the position. The petitioners argue that Gachagua’s impeachment constitutes a violation of his rights, as the decision was made without his participation. “That in the interim and pending the hearing and determination of this application, this Honourable Court be pleased to issue a conservatory order temporarily staying the decision of the Speaker of the Senate,” the petitioners stated.
Their lawyer, Danstan Omari, has also requested the court to prevent both President Ruto and the National Assembly from acting on the Gazette Notice or appointing a replacement for the Deputy President. The parties being sued include the Speaker of the National Assembly, the Clerk of the National Assembly, the Speaker of the Senate, and the Attorney General. Gachagua has been named as an interested party.
The petitioners, filing under a certificate of urgency, are asking for their case to be referred to Chief Justice Martha Koome to form a bench of three or more judges to address the matter, asserting that it raises serious and weighty legal issues.
