High Court rejects latest bid to stop Gachagua's ouster

The High Court has once again rejected a request to stop the impeachment proceedings against Deputy President Rigathi Gachagua.

The matter was mentioned on Monday before Justice Bahati Mwamuye, who directed that the case, filed by former United Democratic Alliance (UDA) Secretary-General Cleophas Malalah, be referred to the Presiding Judge of the High Court, Chacha Mwita, for further directions.

Meanwhile, the National Assembly has applied to consolidate all cases filed to stop the impeachment process. According to the National Assembly, the more than 10 cases were all filed by Monday.

The application argues that these cases, currently spread across different courts, raise similar issues and should be combined to facilitate a more efficient handling of the petitions.

“There are so far before the High Court in Nairobi and other stations across the country thirteen (13) petitions all challenging the removal by impeachment of H.E Rigathi Gachagua as the Deputy President of the Republic of Kenya,” reads the application.

On September 30, the court declined to issue an order that would have stopped Parliament from proceeding with the impeachment motion against Gachagua.

Malalah's motion sought to prevent the National Assembly and the Senate from debating or acting on any motion seeking to remove the Deputy President.

Malalah contended that both Houses had violated the Constitution by not meeting the two-thirds gender rule, thus lacking the legal capacity to proceed with the impeachment.

Gachagua is set to appear before Parliament for trial on October 8, 2024, either in person or through legal counsel to defend himself.

On Tuesday, a morning sitting will be held, followed by an early afternoon session to consider the impeachment motion.

A total of 291 Members of Parliament have placed Gachagua on the cross, backing the motion to impeach him.

Kibwezi West MP Mwengi Mutuse, who tabled the motion, listed 11 reasons for his removal from office. Among the charges include gross violations of the Constitution, misconduct, and breaches of the Anti-Corruption and Economic Crimes Act, along with the Leadership and Integrity Act.

National Assembly Speaker Moses Wetang’ula confirmed that the motion met the required threshold of 117 MPs and was officially received by the Clerk of the National Assembly on September 27.