Petition filed to block swearing-in of new DP if Senate upholds Gachagua impeachment

A petition has been lodged in Court seeking to stop Chief Justice Martha Koome or anyone acting under her authority, from swearing in a nominated Deputy President should the Senate uphold the impeachment of Deputy President Rigathi Gachagua.

The petition, filed by lawyer Morara Omoke in Eldoret High Court, has been marked as urgent.

According to court documents, Omoke challenges Gachagua's impeachment on multiple grounds, including claims of irregularities in the collection of signatures from MPs, lack of sufficient public participation, breaches of constitutional provisions, and the exclusion of Gachagua from government duties.

“These actions culminated in an impeachment motion tabled on October 1, 2024, by Kibwezi West MP Mutuse Eckomas Mwengi. This impeachment poses a risk to national unity and could lead to a repeat of the post-election violence experienced in 2007. A total of 281 members of the National Assembly passed the impeachment motion,” Omoke said.

Omoke further argued that Gachagua’s impeachment lacked proper public participation and was driven by political motives rather than the will of the people.

“A Deputy President is an elected official whose removal must be a people-driven process, involving meaningful consultations nationwide,” Omoke said.

He also accused Mutuse of failing to conduct public participation before collecting signatures in support of the impeachment motion.

In addition, Omoke claimed that the signature collection process was marred by bribery and coercion, with MPs allegedly being threatened with the suspension of constituency projects if they refused to back the motion.

He also raised concerns over forged signatures, citing the case of Mwala MP Vincent Musyoka, who expressed shock upon discovering his name on the list despite not having signed.

“The signatures of MPs Emmanuel Wangwe and Bernard M. Shinali were forged, as both names were written by the same individual, evident from the identical handwriting. Similarly, the signatures of MPs Lilian Siyoi and Paul K. Chebor are also by the same author. Furthermore, Wario Guyo's name appears twice, with different signatures, showing the extent of forgery,” reads the petition.

Omoke argued that Gachagua’s defence of the Mt. Kenya region and his role in spearheading reforms in the coffee, milk, and tea sectors have made him a target of political opponents.

He also highlighted that National Assembly Deputy Speaker Gladys Boss had announced her support for the impeachment on September 23, 2024, well before the motion was formally introduced, indicating a predetermined outcome.

“On September 29, 2024, National Assembly Speaker Moses Wetang'ula publicly endorsed the impeachment at a church function, which demonstrates a lack of neutrality in the matter. Wetang’ula supported Gachagua's removal based on alleged inflammatory public remarks,” Omoke argued.

The lawyer has requested conservatory orders to prevent the Chief Justice or her deputies from swearing in any nominated Deputy President if the Senate supports the impeachment motion. He also called for the consolidation of all petitions related to Gachagua’s impeachment, suggesting that the case be assigned to a bench of at least three judges due to the constitutional importance of the matter.

He further proposed that the President of Kenya file an affidavit stating whether he has any complaint against Gachagua, and that the petition be subjected to a public hearing accessible to all Kenyans.

“The Deputy President should remain in office and continue performing his duties until the case is heard and determined,” he said in the petition.

Justice Emile Ominde, presiding over the case on October 9, 2024, certified the matter as urgent and directed that the application be served on the respondents by October 14, 2024.

The respondents were instructed to file their responses by October 16, 2024.

The case is scheduled for mention before Justice Reuben Nyakundi on October 17, 2024, for further directions.

The court also issued a penal notice warning that failure to comply with the court's orders would result in legal consequences for those involved.