The High Court has consolidated over 20 petitions filed across the country seeking to stop the impeachment of Deputy President Rigathi Gachagua.
Justice Lawrence Mugambi said he will on Friday 11th October give a ruling on whether he will refer the case to the Chief Justice Martha Koome to constitute an uneven number of Judges to hear and determine the matter as prayed by the petitioners.
DP’s lead defense team by Senior Counsel Paul Muite and Elisha Ongoya put up a spirited fight urging Justice Lawrence Mugambi to consider the self-evident urgency of the matter and forward the file to Chief Justice Martha Koome to constitute a 3-7 Judge bench.
The court was also told the case falls under a presidential system of governance and the sovereignty of the people in the process is key.
They also poked holes into how public participation was conducted, citing a lack of substantive legislation on the procedure and whether parliament should play an active role.
The respondents through counsels Paul Nyamodi and Peter Wanyama argued that the narrative that the Deputy President is elected by the people lacks merit.
The court was also urged to disregard the petitioners’ call for empanelment of a bench citing the matter can be heard by a single Judge.
