The High Court declined to lift an order, obtained by five petitioners in Kirinyaga, blocking Deputy President nominee Kithure Kindiki from assuming the position.
Instead, a bench of three judges directed the National Assembly, which sought the lifting of the order, to serve the application to the petitioners ahead of the hearing next week.
“That in light of the urgency of the matter and the weighty issues raised therein, we direct the application be served to the respondents forthwith, for the hearing inter-partes on October 22,” Justices Eric Ogola, Anthony Mrima and Freda Mugambi said.
The ruling was made Saturday following the application on orders stopping Kindiki from assuming the office.
Five petitioners including David Munyi obtained an order blocking Kindiki from taking over the position, pending further directions on October 24.
In the application, the National Assembly said the orders obtained by the petitioners have far-reaching ramifications that could jeopardise public interest as Rigathi Gachagua ceased office yet the order blocked the newly appointed Deputy President from assuming office.
“The applicant is apprehensive that if the application is not immediately considered and appropriate orders issued, the country will be plunged into monumental constitutional crisis and the entire substratum of this application will be irretrievably lost,” lawyer Eric
Gumbo said.
The five petitioners argued that the entire impeachment process from the National Assembly to the Senate was nothing but a sham and in breach of all constitutional principles including public participation.
They added that the impeachment of Gachagua was hurriedly done with the sole intention of avoiding scrutiny by the court.
The petitioners further said Mr Gachagua’s “non-derogable” right to a fair hearing under Article 25(c) and 50 of the Constitution was contravened by the Senate when it resolved to proceed with the impeachment motion without granting him an opportunity to be heard as required under the Constitution.
Gachagua also moved to court on Friday to challenge the basis on which the Senate endorsed the charges for his removal, arguing that all the allegations were not substantiated or supported by any evidence.
He further argued through senior counsel Paul Muite that the Senate to conduct public participation, despite a directive by the High Court that the exercise be conducted at the constituency level.
“The National Assembly and the Senate conducted themselves in an unconstitutional manner and denied the applicant the right to fair hearing.
His rights under Article 50(1) of the constitution were breached,” he submitted.
Gachagua asked the court to consider several issues including whether a motion for the removal of the Deputy President through impeachment can validly be prosecuted in the Senate without public participation.
He further wants the court to determine whether Parliament should have considered new and ‘extraneous matters’ that were not raised in the special motion tabled before the National Assembly.
