Legal showdown expected Tuesday as court decides on Gachagua impeachment

Billed as the final intervention aimed at saving Rigathi Gachagua from Impeachment, Tuesday's decision by a three-judge bench is a do-or-die for the impeached deputy president.

The Justice Eric Ogola-led bench which also has justices Anthony Mrima and Firda Mugambi is expected to rule on Tuesday whether to vacate or extend conservatory orders restraining the assumption of office by Kithure Kindiki after his nomination as deputy president was approved by the National Assembly on Friday.

This is after High Court judges Chacha Mwita from Milimani and Richard Mwongo from Kerugoya issued conservatory orders staying the implementation of the resolution passed by the Senate removing Gachagua from office by way of impeachment and restraining the assumption of office by Professor Kindiki.

Attempts by Attorney General Dorcas Oduor to have the orders vacated were dismissed by the three-judge bench, which instead ordered an inter-partes hearing on Tuesday. 

With just hours before the mention of the case before the bench of the High Court, two complaints have been filed to the Chief Justice Martha Koome and Deputy Registrar of the Judiciary regarding the procedure of empanelment of the bench.

In a letter addressed to the Chief Justice dated 21st October 2024, by Njindo Matiba, the lawyer states:

“As we wait for the hearing of the Respondents' case on Tuesday 22nd October 2024, the supporters of the unlawful impeachment led by Hon. Oscar Sudi have publicly stated and bragged that the Bench which sat on Saturday under opaque and mysterious circumstances set aside the orders barring the swearing in of Hon. Kithure Kindiki in order that he may be sworn on the same day.”

In a letter addressed to the Deputy Registrar of the Judiciary dated 20th October 2024, by Kamotho Njomo, the lawyer demands to know whether the file was actually taken to the Chief Justice and at what time.

He also questions whether indeed there are directions recorded in the file constituting the bench which then proceeded to issue directions on Saturday,19th October 2024.