- Deputy President Rigathi Gachagua and other petitioners asked the three-judge bench to sustain the orders stopping the swearing-in of Kithure Kindiki as the new DP
- However, the three-judge bench comprising Justices Antony Mrima, Eric Ogola and Freda Mugambi lifted the orders issued by the Kerugoya court
- The development is a significant blow to Gachagua, given that Kindiki will now be sworn in as the new deputy president
Amos Khaemba, a journalist at TUKO.co.ke, brings over three years of experience covering politics and current affairs in Kenya.
Nairobi – Impeached deputy president Rigathi Gachagua has suffered a significant setback in his bid to save his job.
Source: UGC
What Gachagua argued before the High Court
On Thursday, October 31, the three-judge bench comprising Justices Antony Mrima, Eric Ogola, and Freda Mugambi lifted the orders blocking Kithure Kindiki from assuming the deputy president’s office.
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Rigathi Gachagua suffers setback as Court of Appeal declines to stop ruling on Kindiki’s swearing in
Petitioners David Munyi and Peter Gichobi moved to court on October 18 to block Kindiki’s swearing-in until the hearing of cases against Gachagua’s impeachment.
During the case proceedings, Gachagua argued that Kindiki’s nomination as DP was illegal, as the outgoing Interior Cabinet secretary was ineligible as he was not a member of the UDA party.
The impeached DP further claimed that Kindiki had not resigned as CS for Interior before he was nominated deputy president as required under Article 148.
In its ruling, the three-judge bench argued that the deputy president’s office, as envisioned by the 2010 Constitution, can never be vacant.
“We are convinced and hereby find that the current constitutional framework does not envision any scenario in which the office of the deputy president would remain vacant except during the brief period to fill such a vacancy,” Justice Mrima said.
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Rigathi Gachagua: Big day for impeached DP ahead of court ruling on Kindiki’s swearing in
What Court of Appeal ruled in Gachagua’s ruling case
Earlier, Gachagua failed in his bid to stop his impeachment proceeding at the High Court.
The Court of Appeal judges declined to grant orders to stop High Court proceedings pending appeal but directed the matter be mentioned on Wednesday, November 6.
Justices Patrick Kiage, George Odunga, and Aggrey Muchelule adjourned the hearing of Gachagua’s appeal, citing procedural issues.
According to the judges, Gachagua’s legal team failed to properly list and serve all parties involved in the consolidated case at the High Court.
Source: TUKO.co.ke
