Gachagua files petition to stop Kindiki's appointment as Deputy President

Through his legal team, Kamotho Njomo & Company, Gachagua sought to restrain the National Assembly from discussing, vetting, voting or approving a nominee. 

He questioned the 'hurried nature' in which Parliament was rushing to replace him. 

"There has been a demonstrated urgency to remove the Deputy President from office and install another person, which may be done hurriedly with a view to frustrating the Deputy President, hence the urgency to hear this petition and the application," the petition reads in part. 

On Friday morning, President Ruto forwarded Interior CS Kithure Kindiki's name to the National Assembly for approval. 

Gachagua also sought the courts to direct the National Assembly and the Senate to delete or correct any false information contained in the impeachment motions. 

He requested the Chief Justice to constitute an uneven number of judges to hear and determine the petition. 

The former DP further criticised the Senate trial process, terming that the 11 grounds in the impeachment motion were not backed by credible evidence. 

He referenced the 2015 court case where the Court of Appeal nullified former Embu Martin Wambora's impeachment, citing that there was no clear evidence that he grossly violated the Constitution. 

Gachagua also faulted Parliament for not conducting adequate public participation despite a High Court verdict directing that the exercise be done at the constituency level. 

"This express order of the court was disregarded by the Senate," the petition read in part. 

Gachagua's petition marks four applications filed in court seeking to stop Kindiki's nomination and subsequent approval by the National Assembly. 

Similary Sheria Mtaani and a Shadrack Wambui through lawyer Danstan Omari have also filed a case seeking similar orders. The lobby group argues that Gachagua was not given an opportunity to defend the allegations against him saying that fair administration was not accorded to him.

Omari wants the court to stop both President Ruto and the National Assembly from acting on the gazette notice and appointing a replacement for the deputy president.

So far four petitions have been filed at the Milimani law courts on Gachagua impeachment.