Kenyans will this week know whether Interior Cabinet Secretary Kithure Kindiki will take over as their next deputy president.
The courts put on hold plans to swear him into office after he was approved by the National Assembly on Friday after being nominated by President William Ruto.
This after the Senate impeached Deputy President Rigathi Gachagua on Thursday night after the legislators voted in support of five out of the 11 counts that he faced.
Gachagua’s impeachment happened while he was admitted at Karen Hospital after being taken ill when the Senate took a lunch break.
When the House resumed for sitting his lawyer Paul Muite who was leading his defence team informed the Senate that his client had experienced sharp chest pains and rushed to hospital.
“I would suggest that according to Article 145 (6) (b), in the interest of justice and given the weight of removing a Deputy President, give him a couple of days to recuperate, I had in mind up to Tuesday and we should be able to know whether he will be able to come and present himself,” said the senior counsel.
The lead counsel for the National Assembly, James Orengo, however, opposed Muite’s request, noting that he had failed to provide any evidence that the DP had been hospitalised arguing that there was no assurance that he will avail himself before the Senate this Tuesday.
Orengo further accused Gachagua of employing delaying tactics in a bid to ensure that court cases touching on the ouster process were ruled on before the Senate voted, pointing out that there were many court cases related to the matter filed all over the country.
“We should have had the Deputy President’s doctor here at least to tell us about his admission and about his condition up to 1:15pm today, Gachagua was here and he was not evacuated from here in an ambulance; he went to Karen hospital by himself,” stated Orengo.
Kingi, in his ruling, directed that the House debate a motion on whether to hold a sitting on Saturday, which he said was the deadline prescribed by the Constitution to dispense with the impeachment process.
The motion was moved by Leader of Majority Aaron Cheruiyot and seconded by Minority Leader Stewart Madzayo. Being a procedural motion, the House did not debate it and the Speaker put the question after which the House voted to continue with the proceedings that would ultimately decide Gachagua’s fate.
Five petitions were filed on Friday in various courts across the country by 32 individuals together with a lobby group, Sheria Mtaani, Kirinyaga MCA David Mathenge, lawyer Emmanuel Otieno, and two individuals, Eddie Waiguru and Victor Ngatia with the High Court granting a temporary stay of Gachagua’s impeachment.
Kerugoya High Court, Judge Richard Mwongo barred Prof Kindiki from assuming the Deputy President’s office pending the hearing and determination of the matter with the court allowing Gachagua to continue holding office until the matter is heard and determined.
Muite moved to court to challenge Gachagua’s impeachment arguing that the Senate had not done public participation at Constituency level and that his impeachment was done hurriedly in order to avoid scrutiny by the court since the process did not follow due process.
Gachagua who was discharged from hospital yesterday expressed concerns that his security and vehicles had been withdrawn by the government despite the High Court stopping plans to replace him with Prof Kindiki until the matter is heard and determined.
“It is unfortunate that while I was in hospital my friend William Ruto ordered the withdrawal of my security detail, I no longer have the officers assigned to protect me, the Deputy President of Kenya does not have security, if anything happens to me or my family, Ruto should be held responsible,” said Gachagua.
He went ahead to claim that the impeachment motion was mooted after two failed attempts to assassinate him through poisoning on August 30 while in Kisumu and on September 3 in Nyeri. By Edwin Nyarangi , The Standard
