A High Court has refused to block the tabling of the impeachment motion against Deputy President Rigathi Gachagua in Parliament.
High Court Judge Bahati Mwamuye dismissed the request for temporary orders, which had been filed by Gachagua’s supporters, including former United Democratic Alliance Secretary General Cleophas Malala.
Malala and his team submitted a petition requesting the court to stop the tabling and subsequent debate of the impeachment motion in the National Assembly, scheduled for Tuesday, October 1, 2024.
“Before this Court is the Certificate of Urgency dated 30/09/2024 signed by the Counsel Peter Mwenda Njagi, the Chamber Summons dated 30/09/2024, and the Supporting Affidavit of the Petitioner/Applicant, Cleophas Wakhungu Malalah, dated 30/09/2024; all of which were filed. alongside a Petition dated 30/09/2024,” Malala argued.
According to court documents, Malala, through his lawyer Mwenda Njagi, sought court orders to prevent the tabling, debating, considering, or taking any action on any motion aimed at the removal or imposition of sanctions against the Deputy President.
Malala also contended that both the National Assembly and the Senate were unlawfully constituted at the time, thereby lacking the authority to proceed with the impeachment debate.
“The basis advanced by the Petitioner/Applicant is that the 1st and 2nd Respondents, the National Assembly and the Senate respectively, are allegedly unconstitutional in terms of their composition due to an alleged failure by the respondents (National Assembly and Senate), jointly and severally, to meet the constitutional requirements regarding the ‘no more than two-thirds gender rule’ set out under Article 27(8) and Article 81(b) of the Constitution,” court documents read.
Judge Mwamuye, however, recognized the matter as urgent and instructed the petitioner, Malala, to serve the National Assembly, the Senate, and other interested parties by the close of business on September 30, 2024.
“The Petitioner/Applicant shall serve the Chamber Summons, the Petition, and this Court Order on the Respondents and the Interested Parties by close of business today, 30/09/2024, and file an Affidavit(s) of Service in that regard by end of day 30/09/2024.”
The respondents and interested parties have been given until October 3, 2024, to file their responses to the allegations made against them and submit the same to the court.
The case is scheduled to be mentioned before the High Court on October 7, 2024, for further directions and the issuance of orders.
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