Rigathi Gachagua’s counsel have moved the court to decline an invitation to review conservatory orders suspending an impeachment resolution against their client citing the need to protect his rights.
Gachagua’s lawyers led by Senior Counsel Paul Muite and lawyer Elisha Ongoya argued that orders suspending Gachagua’s removal as Deputy President, and the nomination and appointment of his replacement are well within the confines of the law.
Ongoya singled out President William Ruto’s “hurried” nomination of Kithure Kindiki as Deputy President and the subsequent National Assembly vote on October 18 as “unprecedented”.
He questioned whether President Ruto obtained clearances with regards to Kindiki’s nomination in anticipation of the Senate resolution.“Considering the unprecedented hurry to impeach Gachagua, I thought the country had become super-efficient,” he argued citing Senate’s conclusion of the impeachment trial on Thursday night, October 17.
“However, I discovered that we are still waiting a long time for IDs, passports and queuing in hospitals for health services,” Ongoya told a three-judge bench of Justices Eric Ogola, Anthony Mrima, and Dr. Freda Mugambi on Tuesday.
Gachagua’s lawyers cited Article 23 which empowers the High Court “to hear and determine applications for redress of a denial, violation or infringement of, or threat to, a right or fundamental freedom in the Bill of Rights”.
The lawyers held that a review of conservatory orders, as sought by the Attorney General, will prejudice Gachagua’s rights.
Gachagua’s advocates also poked holes into the public participation exercise that preceded the impeachment motion at the National Assembly as insufficient, inadequate and unjust.
Gachagua further accussed the National Assembly and Senate of bias.
The State is set to make its case for a review of conservatory orders on Tuesday afternoon before the bench retreats to rule on the application.