As the Senate prepares to decide the fate of Deputy President Rigathi Gachagua, a court petition has been filed seeking to block Chief Justice Martha Koome or anyone acting under her instructions, from swearing in any nominated Deputy President.
In the petition filed on October 9 at the Eldoret High Court, Lawyer Morara Omoke is seeking orders to allow Gachagua remain in office until all cases related to his impeachment are heard and determined.
“A conservatory order be issued restraining the Chief Justice or any person acting under her instructions, including the Deputy Chief Justice, from swearing in any nominated Deputy President for purposes of assuming the role of the current Deputy President under Article 149(1) of the Constitution of Kenya, 2010, pending the hearing and determination of this Petition,” Omoke urged the court.
Omoke criticized the impeachment process, citing a lack of proper public participation and alleged irregularities in the collection of signatures.
The lawyer noted that the public was given only one day for input across all 47 counties, a period he considers insufficient for meaningful engagement.
“On October 1, 2024, the Speaker of the National Assembly directed that a public participation exercise be conducted on October 4, 2024, in the 47 counties before the impeachment motion is considered. The one day set aside out of the seven-day constitutional timeline is inadequate to allow for meaningful public participation,” Omoke argued.
The Eldoret High Court, presided over by Lady Justice Emily Ominde, certified Omoke’s petition as urgent.
Respondents, including the Attorney General and the Speaker of the National Assembly, have been directed to file their responses by October 16, 2024.
The matter will be mentioned before Justice Reuben Nyakundi on October 17, 2024.
Meanwhile, Justice Lawrence Mugambi on Wednesday consolidated 22 petitions filed across the country seeking to halt Gachagua’s impeachment.
Justice Mugambi is expected to deliver a ruling on Friday regarding whether he will refer the consolidated cases to Chief Justice Martha Koome to establish a panel of judges to hear and determine the matter.
