The Mt Kenya Times 
Deputy President Rigathi Gachagua
By: Joseph Mutua Ndonga
Worth Noting:
- For Gachagua, does he stand any chance of having his way? Many people believe that he doesn’t. It is worth to recall his legal team had filed 26 petitions all seeking to stop the impeachment process.
- All the judges handling the matter however declined to rule in his favor. This include the petition he had filed before the three-judge bench.
- While reaffirming the verdict delivered one day earlier by Justice Chaacha Mwita, the bench noted that it did not have the legal power to stop the Senate from prosecuting Gachagua’s impeachment trial.
- The judiciary fully recognizes the constitutional mandate of the two houses-National Assembly and the Senate.
The latest media reports indicate that the court has stopped former Deputy President Rigathi Gachagua replacement process until October 24.
Two Judges-one sitting at Milimani court in Nairobi and in Kerugoya law court-issued the orders moment after members of parliament unanimously approved the name of Interior Cabinet Secretary Kithure Kindiki and consequently Speaker Moses Wetangula announced that he will forward the name of Kindiki to President William Ruto for appointment.
After hearing this, this question came to my mind. Which court issued this order? My understanding of the law is that this order is null and void if it was not issued by a three-judge bench. I however stand to be corrected.
The bench had been established by the Chief Justice Martha Koome following a request made to her by the Senior Counsel Paul Muite who is leading a team of lawyers representing the former DP. Well, I know the court cannot deny a Kenyan the right to be heard if he or she is not contented with a decision made on a matter that touched on him.
The court will interpret whether that decision had complied with law or not.
For Gachagua, does he stand any chance of having his way? Many people believe that he doesn’t. It is worth to recall his legal team had filed 26 petitions all seeking to stop the impeachment process.
All the judges handling the matter however declined to rule in his favor. This include the petition he had filed before the three-judge bench.
While reaffirming the verdict delivered one day earlier by Justice Chaacha Mwita, the bench noted that it did not have the legal power to stop the Senate from prosecuting Gachagua’s impeachment trial.
The judiciary fully recognizes the constitutional mandate of the two houses-National Assembly and the Senate.
One of the key mandate is oversight and this matter touching on impeachment of DP falls in this category.
The process started with public participation and majority of Kenyans who turned up supported the grounds of impeachment.
If the DP is impeached, the President is supposed to nominate the replacement. Therefore, his decision to nominate Interior CS Professor Kithure Kindiki was within the law.
We recall that the UDA leaders from Mount Kenya region had in run-up to 2022 General Elections settled on Kindiki to be his running mate.
Dr Ruto however opted to pick Gachagua who have been impeached after serving for two years as DP. A friend of mine told me. Power is sweet and that is why Gachagua is ungrateful to the President. He is determined to fight to the bitter end. This is while knowing very well he had fallen out with his boss. He had also fallen out with MPs. Does he expect to perform his constitutional when working under this environment? The answer is a big No. So, what is the point of fighting to save your job? Kenyans will not get value of the salary and other hefty perks which you will continue to receive from exchequer. This is a weighty matter and the court will not lose sight of it, my friend added.
As Interior CS, Kindiki has been performing very well. This is in terms of helping the President to realize his pre- election pledge of providing security to all Kenyans.
As DP, Kindiki will even do better to help President Ruto to perform his constitutional national duties. For now, the eyes of the President are trained on uniting the people of Kenya and rolling out development projects in all parts of Kenya.
Joseph Mutua Ndonga Is A Writer And Social Commentator
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