- The 3-judge bench led by justices Erick Ogolla, Anthony Mrima and Freda Mugambi is expected to hear the case filed against the Senate speaker by David Mathenge and Peter Kimotho challenging the Former Deputy President Rigathi Gachagua’s impeachment on October 22, 2024. The case filed in a Kirinyaga law court was referred to the bench by Kerugoya judge Richard Mwongo. The court granted conservatory orders stopping nominated Deputy President Kithure Kindiki from assuming office.
Peter Wasaga, an advocate of the High Court has explained that the impeachment of the former Deputy President Rigathi Gachagua was not the end since Gachagua still had the judicial review mechanism to see through the entire process.
He has stated that whether it was flawed or followed the dictates of the Constitution was all upon the rule of law since it is the grand norm.“There is still a fighting chance for Rigathi Gachagua and his team to prove that his rights were violated, “ he said.
The 3-judge bench led by justices Erick Ogolla, Anthony Mrima and Freda Mugambi is expected to hear the case filed against the Senate speaker by David Mathenge and Peter Kimotho challenging the Former Deputy President Rigathi Gachagua’s impeachment on October 22, 2024. The case filed in a Kirinyaga law court was referred to the bench by Kerugoya judge Richard Mwongo. The court granted conservatory orders stopping nominated Deputy President Kithure Kindiki from assuming office.
The right to be heard, as explained in Articles 50 and 47, The rule of law, separation of power as well as public participation from the National values and principles of good governance under Article 10 may still provide a chance to Gachagua’s team to prove that his rights were violated. The case is expected to be ruled within articles 145 and 150, restricting themselves to the office of the Deputy President.
As the legal battle continues, all eyes are on the Milimani law court as the judges give their ruling today concerning the impeachment and whether the swearing-in of Prof Kithure Kindiki will be effected or not. Kenyans are looking foward to a fair ruling in respect to the rule of law and constitutional processes.
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