Rigathi Gachagua Impeachment: High Court Postpones Hearing after State Fails to Respond on Time
- A petition challenging the legality of Kithure Kindiki’s swearing-in as deputy president was postponed after respondents failed to meet court deadlines
- The petitioner argued that the entire process was unconstitutional, raising concerns over procedural flaws and potential abuse of office
- The High Court rescheduled the hearing, as the petitioner seeks to have the case merged with similar ongoing constitutional petitions
TUKO.co.ke journalist Harry Ivan Mboto has over three years of experience reporting on politics and current affairs in Kenya
What was expected to be a dramatic legal showdown turned into a procedural standoff at the High Court in Nairobi.
Source: Facebook
This is after the court postponed the hearing of a petition challenging the impeachment of former deputy president Rigathi Gachagua and the appointment of Kithure Kindiki as his successor.
A three-judge bench comprising justices Anthony Mrima, Eric Ogola, and Fridah Mugambi was scheduled to begin hearing the matter on July 7.
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However, the hearing was stalled after the respondents, including the Senate and the Independent Electoral and Boundaries Commission (IEBC), failed to file their responses within the court-mandated timeline.
The petition had been lodged by Joseph Enock Aura, a Kenyan citizen, through his lawyer Harrison Kinyanjui.
Aura is challenging the constitutionality of Gachagua’s impeachment and Kindiki’s subsequent appointment and swearing-in.
Why did court postpone Gachagua petition hearing?
According to Kinyanjui, although the respondents were served with the necessary court documents on May 29, they had not submitted any replies by the time of the hearing.
The documents from the Senate and IEBC were filed late on the morning of the hearing, prompting the bench to adjourn the matter.
The delay also affected Aura’s application to expand the current three-judge bench to a five-judge bench.
The court had given respondents 14 days from May 29 to respond to this application, which they failed to do. Kinyanjui told the court that this failure severely prejudiced his client’s case.
He further revealed that Aura had appealed a previous decision by the same bench to separate his petition from other consolidated cases that raise similar constitutional questions.
He argued that there was no valid reason to isolate Aura’s case and that such separation risks creating conflicting judgments, violating established judicial policy.
The bench advised Aura to formally request to have his petition heard alongside the others, so the court can assess the matter more holistically.
What are the main issues raised in Aura’s petition?
Aura’s petition focuses on several critical legal claims. First, he questions the constitutionality of Kindiki’s swearing-in as deputy president on November 1, 2024.
He argued that the process was fundamentally flawed because there was no lawfully constituted IEBC at the time to oversee the process, rendering it invalid.
Aura also asserted that Kindiki failed to resign as Interior Cabinet secretary before his nomination, which disqualified him from taking up the deputy president role.
Furthermore, he argued that the swearing-in ceremony was held on a public holiday that was not lawfully declared, since the Interior CS position was technically vacant at the time.
In court papers, Kinyanjui claimed that no respondent had denied or responded to these allegations via affidavit.
He described the entire appointment process as a violation of the Constitution, insisting that the ceremony was null and void from the outset.
Is Kindiki a legitimate deputy president?
Aura sought multiple declarations, including one that invalidates Kindiki’s appointment and bars him from exercising any authority associated with the office of deputy president.
He also claimed that Kindiki did not appear before the national assembly for vetting as required and that no report was tabled or approved by parliament, making the entire process unlawful.
The petition also asked that the case be heard in open court, to ensure transparency and public accountability.
The matter was rescheduled for October 2.
Source: Original
Can Kindiki be removed from office?
Kindiki could have been barred from accessing the office of the deputy president by a court order issued by a High Court in Kerugoya on October 18 2024.
However, that was overtaken by events when he was finally sworn in as the third deputy president on November 1, 2024
In the ongoing proceedings, the court will only pronounce itself on the legality of the process through which Kindiki assumed the office of the second in command.
If it finds the process to be illegal, the court will make that pronouncement, but will not go to the extent of ordering Kindiki out of office.
It will be up to the petitioners to decide what to do with the judgment.
However, such a judgment is entered, it would tarnish Kindiki's reputation and cast doubt on his legitimacy.
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Court orders fresh hearing in Gachagua impeachment case
TUKO.co.ke previously reported in early May that the Court of Appeal overturned a decision by Deputy Chief Justice Philomena Mwilu concerning the impeachment proceedings of former Gachagua.
The appellate court ruled that Mwilu acted improperly when she appointed a three-judge bench to handle petitions challenging Gachagua's removal from office.
The court found that the bench lacked jurisdiction to override conservatory orders Gachagua had obtained to block his impeachment.
The Court of Appeal directed that the matter be reassigned to Chief Justice Martha Koome, who was tasked with forming a new bench to hear and determine the petitions.
Masolo Mabonga, HOD Current Affairs and Politics, updated this article with details on whether Kindiki can be removed from office through a court order or ruling.
Proofreading by Asher Omondi, copy editor at TUKO.co.ke.
Source: TUKO.co.ke
