NAIROBI, Kenya – The High Court in Nairobi has declined to issue interim orders stopping an impeachment motion against Deputy President Rigathi Gachagua, marking a critical moment in the ongoing political pressure surrounding his leadership.
In a ruling delivered by Justice Bahati Mwamuye, the court certified the case as urgent but refused to grant interim relief sought by former United Democratic Alliance (UDA) Secretary General Cleophas Malalah.
Malalah had filed the petition, arguing that the composition of both the Senate and the National Assembly is unconstitutional due to their failure to adhere to the two-thirds gender rule stipulated under Articles 27(8) and 81(b) of the Constitution.
“The petition alleges that the Senate and National Assembly are unconstitutional in their composition as they fail to meet the constitutional requirements regarding the ‘no more than two-thirds gender rule,’” read part of the petition.
Malalah’s suit sought to halt any further proceedings related to the impeachment motion, which accuses Deputy President Gachagua of multiple violations, including incitement, abuse of office, and corrupt acquisition of public assets.
Despite the urgency of the case, the court declined to stop the ongoing discussions in the National Assembly, where the motion is set to be tabled.
The accusations against Gachagua include the violation of Article 10 on National Values and Principles of Governance, which his accusers claim he has breached through inflammatory public statements that allegedly stoke ethnic divisions.
Additionally, Gachagua faces allegations of corruption, unlawful acquisition of assets, and failure to uphold his responsibilities as the President’s principal assistant, as outlined in Articles 147, 148, and other sections of the Constitution.
Justice Mwamuye, while scheduling the petition for expedited hearing, directed that all respondents, including the National Assembly, Senate, and interested parties, be served with the petition by September 30, 2024.
The court further ordered that responses be filed by October 3, 2024, and the petitioner allowed to submit a rejoinder by October 4, 2024. The case will be mentioned on October 7, 2024, for further directions.
Malalah’s petition emerges amid heightened political tensions, as the impeachment motion is set to proceed in Parliament.
Gachagua is also facing allegations of violating national and international laws, including the National Cohesion and Integration Act, the Anti-Corruption and Economic Crimes Act, and the Leadership and Integrity Act.
In a ruling delivered by Justice Bahati Mwamuye, the court certified the case as urgent but refused to grant interim relief sought by former United Democratic Alliance (UDA) Secretary General Cleophas Malalah.
Malalah had filed the petition, arguing that the composition of both the Senate and the National Assembly is unconstitutional due to their failure to adhere to the two-thirds gender rule stipulated under Articles 27(8) and 81(b) of the Constitution.
“The petition alleges that the Senate and National Assembly are unconstitutional in their composition as they fail to meet the constitutional requirements regarding the ‘no more than two-thirds gender rule,’” read part of the petition.
Malalah’s suit sought to halt any further proceedings related to the impeachment motion, which accuses Deputy President Gachagua of multiple violations, including incitement, abuse of office, and corrupt acquisition of public assets.
Despite the urgency of the case, the court declined to stop the ongoing discussions in the National Assembly, where the motion is set to be tabled.
The accusations against Gachagua include the violation of Article 10 on National Values and Principles of Governance, which his accusers claim he has breached through inflammatory public statements that allegedly stoke ethnic divisions.
Additionally, Gachagua faces allegations of corruption, unlawful acquisition of assets, and failure to uphold his responsibilities as the President’s principal assistant, as outlined in Articles 147, 148, and other sections of the Constitution.
Justice Mwamuye, while scheduling the petition for expedited hearing, directed that all respondents, including the National Assembly, Senate, and interested parties, be served with the petition by September 30, 2024.
The court further ordered that responses be filed by October 3, 2024, and the petitioner allowed to submit a rejoinder by October 4, 2024. The case will be mentioned on October 7, 2024, for further directions.
Malalah’s petition emerges amid heightened political tensions, as the impeachment motion is set to proceed in Parliament.
Gachagua is also facing allegations of violating national and international laws, including the National Cohesion and Integration Act, the Anti-Corruption and Economic Crimes Act, and the Leadership and Integrity Act.
