The case involving Rigathi Gachagua's impeachment has taken a new twist after yet another petition was filed challenging the manner in which he was ousted.
On Monday, October 21, a letter directed to Chief Justice Martha Koome poked more holes into Gachagua's ouster, claiming the entire process to impeach the Deputy President was flawed.
Through the letter, the petitioner was critical of how fast a three-judge bench determined petitions challenging Gachagua's ouster. The judges - Justice E. Ogolla, Justice A. C. Mrima, and Lady Justice Freda Mugambi, scheduled the applications for an inter parte hearing on Tuesday, October 22.
"By the established practice the parties expected that within 3 to 7 days your Ladyship would in writing appoint a bench and the parties would then appear before it for directions. This has not been the case in the instant case," the letter read in part.
The lawyers also argued that the fact that Gachagua was not given the chance to defend himself before the Senate ultimately made the entire impeachment process flawed and invalid, citing Articles 19 to 25 of the Kenyan constitution.
"The petitioners in these matters are complaining of gross and systematic violations of procedural and substantive laws of impeachment by the sponsors of the motion the National Assembly and the Senate," the letter further stated.
The way forward: Because of what they termed as a gross violation of the constitution, the lawyers now want the High Court to "ensure rules of the procedure are enforced "independently, impartially and fairly".
On Monday, Gachagua's lawyer John Njomo also sent a scathing letter to the Deputy Registry High Court detailing why the the impeached DP's team believes the entire process was set up to ensure Gachagua falls.
Questions were also raised on why the same three-judge bench that tossed out his application seeking conservatory orders also 'hastily' declined to lift an order blocking Deputy President nominee Kithure Kindiki from assuming the position.
Ahead of Tuesday's inter-partes hearing by the three-judge bench constituted by Chief Justice Martha Koome, there is a huge wave of uncertainty regarding the Deputy President seat.
On one hand, Gachagua's impeachment effectively means he is no longer the Deputy President by law. However, since a High Court in Kerugoya barred President William Ruto's nominee Prof. Kithure Kindiki from assuming the Deputy President's office, it means technically the country is operating without a second in command.
