Impeached Deputy President Rigathi Gachagua's legal team on Tuesday, October 29, poked holes in what they termed a 'hurried' impeachment process against their client.
One of Gachagua's lawyers - Tom Macharia - was particularly critical of why the National Assembly was keen to swear in Interior Cabinet Secretary Kithure Kindiki as the new Deputy President despite an ongoing court battle involving Gachagua.
The impeached DP's lawyers strongly argued that orders suspending Gachagua’s removal as Deputy President and the nomination and appointment of his replacement were well within the confines of the law.
"They will tell you there is a public crisis of monumental proportions," Macharia told judges on Tuesday as he cited Article 146 clause 2 of the Kenyan Constitution.
He added, "The Constitution says if the office of the President is vacant, the speaker of the National Assembly shall act as President an election shall happen within 60 days after the vacancy arose in the office of the President."
"The framers of the constitution contemplated vacancy in both the presidency and vice presidency. The world will not collapse. Kenyans made adequate arrangements for the caretaker while those two are not with us."
Elisha Ongoya, another brilliant mind representing the impeached Gachagua has also singled out President William Ruto's apparent 'hurried' nomination of Kindiki and the subsequent vote by the National Assembly on October 18, terming it as 'unprecedented'.
On Tuesday, Ongoya also tapped into moral grounds in a bid to save Gachagua as he pleaded with the courts to 'correct injustices'.
While admitting that the Judiciary was Gachagua's last resort, Ongoya said the judges had the chance to uphold the Kenyan constitution.
"I know that Kenyans may view it as a challenge to our democracy. I bear a message of hope. I want us to see the proceedings as an opportunity for our governance institutions," the senior counsel said.
"I see this case as an opportunity for the Judiciary because of the behaviour of the other organs of government in the recent past. This is an opportunity to correct wrongs and not perpetuate wrongs."
The case involving Gachagua has dragged on for nearly a fortnight since the Senate voted to impeach him, and the ousted DP's counsel appears intent on utilizing every legal provision to overturn his impeachment.
On Monday, there was a fresh twist as Gachagua filed a petition with the Court of Appeal seeking to halt proceedings at the High Court.
Through his lawyer John Njomo, the ousted DP argued that the recent rulings were flawed as he once again questioned the legitimacy of the three-judge bench presiding over his case.
