Petition by DP Gachagua seeking to stop impeachment proceedings to be heard Monday 14

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Milimani Law Courts, Nairobi.

The High Court has directed that the petition by embattled Deputy President Rigathi Gachagua seeking to block his impeachment proceedings be heard next week.

Justice Chacha Mwita directed that the petition against the Senate be heard on Monday, 14th October 2024.

The DP moved to court seeking orders to prohibit the Senate as a whole from proceeding with the impeachment hearing scheduled for 16th, 17th and 18th October 2024.

The hearing is based on the resolution passed by the National Assembly on 8th October 2024 founded on the notice of motion dated 26th September 2024 concerning the proposed removal of the Deputy President Hon. Rigathi Gachagua from office by impeachment.

“A conservatory order be issued restraining the respondents (Senate) as a whole from admitting, processing, debating or in any other manner whatsoever considering the Motion for the proposed removal of the petitioner from office by impeachment founded on the notice of motion to the National Assembly dated 26/09/2024 pending hearing and determination,” reads court documents.

Gachagua argues that the court has jurisdiction under Article 23 of the Constitution of Kenya, 2010, to consider and issue remedies in the nature of conservatory orders in appropriate and deserving cases.

The notice of motion seeking to oust Gachagua was tabled in the National Assembly of Kenya on 1st October 2024.

The National Assembly resolved to allow the motion on 8th October 2024 at approximately 9 pm.

However, that very night, the Clerk of the National assembly sent the Clerk of the Senate communication titled ” Resolution of the National Assembly on a special motion on the removal from office by impeachment of Gachagua.

The DP claims that the said resolution transmitted to the Clerk of the Senate by the Clerk of the National Assembly is invalid on the grounds that the impeachment motion is replete with general unsupported allegations, hearsay and outright lies and lacks the particularization and specificity required by Article 145(1) of the Constitution of Kenya and Standing Order 64(1A) of the Standing Orders of the National Assembly.

In addition, the petitioner claims that the appropriate standard of proof was neither considered nor met when the National Assembly passed the impeachment resolution.

“The entire impeachment process has been designed to avoid and be ring fenced from judicial scrutiny and accountability. The process has been attended by uncharacteristic speed with the intention of ramming the process through, before it can be audited for constitutional compliance,” Gachagua claims in the court documents.