High Court to decide Gachagua's fate today, rule on Kindiki's swearing-in
By Maureen Kinyanjui |
Gachagua was removed from office on October 17,2024 with President William Ruto nominating Kindiki for the position the following day.
The High Court is set to rule today on whether Deputy President-designate Kithure Kindiki can be sworn in, following a plea filed by the Attorney General and Parliament.
The three-judge bench, comprising Justices Eric Ogola, Anthony Mrima, and Freda Mugambi, will also decide if it has jurisdiction over more than 30 petitions challenging the impeachment of Rigathi Gachagua.
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Kindiki's legal representative, Lawyer Muthomi Thiankolu, argued that the High Court lacks jurisdiction to hear the petitions related to Gachagua's removal, citing the Constitution's allocation of such disputes to the Supreme Court.
Gachagua was removed from office on October 17, 2024, with President William Ruto nominating Kindiki for the position the following day.
The National Assembly approved the nomination, but Gachagua and other petitioners quickly sought legal action, resulting in an order that prevented Kindiki from assuming office until the petitions were resolved.
Gachagua contends that he was denied the right to a fair hearing, claiming that the parliamentary process was a sham.
In challenging the conservatory order, Parliament argued that Justice Richard Mwongo's ruling in Kerugoya was final, contravening principles of natural justice that require both parties to be heard in matters with significant implications.
Parliament said that the High Court issued the order without confirming its jurisdiction over impeachment issues.
It argued that Articles 95 and 96 of the Constitution grant it exclusive authority to hold the Executive accountable, including through impeachment procedures.
Parliament's lawyer, Eric Gumbo, noted that the petitioners did not inform the court that many issues had already become irrelevant, particularly since the Speaker of the Senate, Amason Kingi, had published a gazette notice regarding Gachagua's removal, and a special sitting of the National Assembly took place on October 18, 2024, to confirm Kindiki.
"Unless the notice of motion is allowed as prayed, the entire proceedings will be rendered nugatory in light of the ex parte orders issued by the Superior Court, which could lead to a constitutional crisis," Gumbo said.
Gachagua has contested the validity of the Senate's endorsement of charges against him, claiming they were unsubstantiated.
His attempts to halt the hearings have been unsuccessful. His first application questioned the appointment of the High Court bench by Deputy Chief Justice Philomena Mwilu, which was dismissed.
A subsequent request for the judges' recusal over alleged bias was also rejected.
Meanwhile, the Court of Appeal is set to hear Gachagua's appeal regarding the Deputy Chief Justice's authority to appoint judges today.
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