Impeached Deputy President Rigathi Gachagua has called on Chief Justice Martha Koome to ensure justice in the case challenging his removal from office. Speaking to journalists as he left Karen Hospital, where he had been admitted since Thursday, Gachagua urged the Chief Justice to demonstrate that Kenya adheres to the rule of law. “I ask Chief Justice Martha Koome to live true to the fidelity of our Constitution,” he said.
Gachagua emphasized that there are existing court orders indicating he should remain in office until the case is heard and resolved. He mentioned that his legal team has approached the court, expressing confidence in the Judiciary’s process. “I requested that according to the rules of natural justice, I be given the opportunity to appear before the Senate. In the National Assembly, I was there and defended myself. In the Senate, I was there from day one and I was ready for cross-examination,” he stated.
He asserted that he should have been granted a chance to defend himself, arguing that the Motion against him was not time-bound. “According to my lawyers, the Motion was not time-bound. What was time-bound was the select committee that was to work for 10 days and report back to the House, but it was never constituted. This matter should have continued and waited for me,” Gachagua explained, expressing belief that he could have persuaded senators not to uphold the 11 charges against him.
In related developments, the High Court in Kerugoya has issued orders preventing Kithure Kindiki from assuming the role of Deputy President pending the outcome of a case filed against his nomination. David Munyi Mathenge and Peter Gichobi Kamotho sought these orders after the National Assembly approved Kindiki’s nomination just a day after the Senate voted to impeach Gachagua. They have sued the Senate, the Speaker of the Senate, and two other parties.
Justice Mwongo Richard Mururu ruled that the issues raised in the petition are of significant national importance and urgency. The matter will be mentioned again before the High Court on October 24, 2024. Additionally, the High Court in Nairobi has blocked Kindiki’s appointment until it hears a case next week challenging Gachagua’s impeachment, stating that both Kindiki’s appointment and the Senate’s resolution upholding the impeachment charges against Gachagua are suspended until October 24, when a panel of judges will discuss the issue. A second court order has also mandated that Kindiki cannot assume office until the case is resolved.
