A petitioner has moved to the High Court to block the swearing-in of any new deputy president in case Rigathi Gachagua’s impeachment is upheld by the Senate, offering Gachagua a reprieve.
Advocate Morara Omoke on Thursday filed a petition at the Eldoret High Court demanding that Gachagua remain in office until all legal challenges surrounding his impeachment are resolved.
Morara’s case, filed on Wednesday, October 9, aims to prevent Chief Justice Martha Koome from swearing in a replacement while the court hearings are still ongoing. According to the petitioner, the motion to remove Gachagua lacks the legal weight required for such an action, raising concerns about the political motivations behind the impeachment.
The petition, obtained by Kenyans.co.ke, reads in part, “A conservatory order be issued restraining the Chief Justice or any person acting under the instructions of the Chief Justice including the Deputy Chief Justice from swearing in any nominated Deputy President for purposes of taking over the role of current Deputy President under Article 149(1) of the Constitution of Kenya, 2010 pending the hearing and determination of this Application.”
Gachagua’s impeachment, passed by the National Assembly on Tuesday, has shaken the political landscape. While the process heads to the Senate for further deliberation, Morara insists that no new deputy president should be appointed until the courts have given a final ruling on the matter. The case has already been certified as urgent and will be heard on October 17, coinciding with the second day of the Senate trial.
In the petition, Morara argues that the impeachment motion was driven by internal disputes within the United Democratic Alliance (UDA) rather than legitimate constitutional grounds. He claims the party failed to follow its own dispute resolution mechanisms, violating the doctrine of exhaustion and key constitutional principles outlined in Article 159 of the Kenyan Constitution.
Furthermore, Morara asserts that the lack of a statutory framework governing the impeachment of the Deputy President creates a legal vacuum, which should compel the courts to issue conservatory orders to maintain Gachagua’s position. He warns that swearing in a new Deputy President before all cases are heard would undermine the constitutional rights of Kenyan voters and set a dangerous precedent.
On Wednesday, veteran lawyer Paul Muite, who is leading Gachagua’s legal defence filed a request to have a panel of judges, headed by Chief Justice Koome, review the petitions surrounding the impeachment. He emphasised the importance of Article 1 of the Constitution, which grants sovereignty to the people, arguing that the electorate’s choice must be respected until due process is completed.
With 22 petitions already filed, the legal team is pushing for all cases to be consolidated for a more streamlined judicial process. Justice Lawrence Mugambi has already ruled in favour of this consolidation, which will fast-track the legal review. By
