Ruto Blocked From Appointing New DP After New Petition Tabled In High Court
A petitioner has petitioned the High Court to prevent the swearing-in of any new deputy president if Rigathi Gachagua’s impeachment is upheld by the Senate, granting Gachagua a reprieve.
On Thursday, Advocate Morara Omoke filed a petition in the Eldoret High Court requesting that Gachagua remain in office until all legal challenges to his impeachment are resolved.
Morara’s case, filed on Wednesday, October 9, seeks to prevent Chief Justice Martha Koome from swearing in a replacement while the court hearings continue.
According to the petitioner, the motion to remove Gachagua lacks the legal weight required for such an action, raising questions about the impeachment’s political motivations.
“A conservatory order be issued restraining the Chief Justice or any person acting under the instructions of the Chief Justice including the Deputy Chief Justice from swearing in any nominated Deputy President for purposes of taking over the role of current Deputy President under Article 149(1) of the Constitution of Kenya, 2010 pending the hearing and determination of this Application,” the petition reads in part.
A new petition has been filed at the courts that seeks to prevent President William ruto from appointing a new Deputy president
— Sholla Ard 🇰🇪 (@sholard_mancity) October 10, 2024
Until Dp Rigathi Gachagua exhausts all legal avenues considering the evidence provided in parliament is week
The petitioner asks the court to give… pic.twitter.com/KlYTuVcmXM
Gachagua’s impeachment, which was approved by the National Assembly on Tuesday, has shifted the political landscape.
While the process moves to the Senate for further deliberation, Morara insists that no new deputy president be appointed until the courts rule on the matter.
The case has already been certified as urgent, and it will be heard on October 17, which coincides with the second day of the Senate trial.
In the petition, Morara claims that the impeachment motion was motivated by internal conflicts within the United Democratic Alliance (UDA) rather than legitimate constitutional grounds.
He claims that the party failed to follow its own dispute-resolution mechanisms, thus violating the doctrine of exhaustion and key constitutional principles outlined in Article 159 of the Kenyan Constitution.
Furthermore, Morara claims that the absence of a statutory framework for impeachment of the Deputy President creates a legal vacuum.
As a result, he concludes that the courts should issue conservatory orders to keep Gachagua in his position.
He warns that swearing in a new Deputy President before all cases are heard will violate Kenyan voters’ constitutional rights and set a dangerous precedent.
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On Wednesday, veteran lawyer Paul Muite, who is leading Gachagua’s legal defense, requested that a panel of judges, led by Chief Justice Koome, review the petitions surrounding the impeachment.
He emphasized the significance of Article 1 of the Constitution, which grants sovereignty to the people, arguing that the electorate’s choice must be respected until due process is completed.
With 22 petitions already filed, the legal team is advocating for all cases to be consolidated to create a more efficient judicial process.
Justice Lawrence Mugambi has already ruled in favour of the consolidation, which will expedite the legal review.
Ruto Blocked From Appointing New DP After New Petition Tabled In High Court
