Government continues to eldge out impeached Deputy President Rigathi Gachagua insisting that he should pave way for the swearing in of new the deputy president
While representing Attorney General, former AG Prof Githu Muigai, as well as Prof Tom Ojienda, the Senior Counsel have told three judge bench that Gachagua ceased being substantive DP when he was impeached by the bicameral parliament
Prof Muigai, moved the court to vacate orders following the Senate’s impeachment resolution on October 17 citing the need to secure “certainly, predictability and stability”.
He held that the orders staying the nomination and National Assembly’s vote confirming Kithure Kindiki’s nomination as Deputy President was overtaken by events and that the courts had “nothing to conserve”.
The former AG, told Justices Eric Ogola, Anthony Mrima, and Dr. Freda Mugambi a sustained conservatory order would trigger a constitutional crisis and contravene Article 145 (7) of the Constitution.
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However, the impeached Deputy President Rigathi Gachagua’s defense led by Senior Counsel Paul Muite have continued to mount pressure demanding the court to overturn his ouster from office warning of ‘trouble’ should the courts uphold his impeachment.
Through his lawyer John Khaminwa, Gachagua alleged that together with President William Ruto, they are inseparable and that one cannot be taken away and another left.
“The moment you lift the conservatory order, there could be a problem in the country, there could be trouble in the country,” he said.
Khaminwa went on to state that disagreements are common at workplaces and “you do not have to be friends to work together
“Husband and wife, is there a problem?” he posed noting that for a relationship to exist, people do not have to be friends.
He pointed out that the fact that Ruto and Gachagua do not talk now does not matter because in the beginning they were friends.
Pleading with the three judge-bench hearing the matter against lifting the conservatory order to pave way for the swearing in of deputy president-elect Prof Kindiki Kithure, Khaminwa told them to exercise caution.
“Please come up with a judgment or a ruling that you are not going to lift these orders. If you do so, you will be opening a chapter for this country which we may not be able to handle at all,” he said.
In his submission, lawyer Kibe Mungai on his part claimed the public participation conducted by the National Assembly was flawed.
This impeachment risks being seen as a government initiative, which goes against what our laws clearly outline.Consequently, the government, which should lead in upholding the law, may become its principal violator,” he said.
The bench is led by Justice Eric Ogola who is the High Court’s most senior judge given his position as the principal judge.
The other two are justices Anthony Mrima and Freda Mugambi.