Dp Rigathi Gachagua has moved to court to stop President William Ruto from nominating a new Deputy President. This action aims to regain his office after impeachment.
Through Senior Counsel Paul Muite, Gachagua filed a case under a certificate of urgency. He claims the charges against him lack merit. “The charges levelled against me before the National Assembly and Senate hold no water,” Muite stated.
He argued that the Senate was required to act as an impartial arbitrator. “They needed to consider whether the charges were substantiated,” he emphasized. Gachagua maintains that the evidence for his impeachment was insufficient. “This process was fundamentally flawed,” he asserted.
He cited the Court of Appeal’s ruling in the Martin Wambora case. “In matters of impeachment, allegations must be serious, substantial, and weighty,” he said. Gachagua believes the charges do not disclose a gross violation of the law.
In his documents, he expressed concern over the impeachment process. “Unfounded and false allegations have been made against me,” he wrote. He urged that such false information be corrected. “It is in the interest of justice,” he noted, referencing Article 35 of the Constitution.
On Thursday night, 53 out of 66 senators voted to uphold the charges against him. The impeachment motion was introduced by Kibwezi MP Mwengi Mutuse. It eventually reached the Senate for further deliberation.
Gachagua, currently hospitalized, seeks an order to block the Senate from gazetting its resolution. He also requests an order to prevent the National Assembly from vetting a new Deputy President nominee.
“It would be prejudicial to my client to allow the respondents to gazette his removal,” Muite argued. “This stands contrary to basic constitutional provisions.”
The respondents in this case include the Speaker of the National Assembly and the Senate Assembly. The political tension rises as Gachagua seeks legal redress.
