Deputy President Rigathi Gachagua, who is fighting for his political survival, has gone to court in a final attempt to stop the Senate from proceeding with his impeachment this week.
Mr Gachagua argues in a certificate of urgency application that the impeachment motion is premised on weak grounds amounting to a “shambolic, unfair, and vicarious” attack against him.
His lawyer, Paul Muite, claims the allegations backed by 282 Members of the National Assembly on Tuesday last week were based on hearsay and lies.
Mr Gachagua also accuses the National Assembly of skipping proper public participation and voting on grounds outside the motion.
He alleges MPs were coerced into passing the motion, insisting the charges should focus on constitutional issues, not claims of undermining the President.
The Deputy President further accuses the National Assembly Speaker Moses Wetangula and Uasin Gishu Woman Representative Gladys Boss of playing dual roles in the process.
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He is now seeking orders from Justice Chacha Mwita to stop the Senate impeachment trial due this week, his 24th attempt to avert his removal.
Chief Justice Martha Koome is expected to appoint a three-judge bench to hear the case challenging the impeachment, following Justice Lawrence Mugambi’s referral and lawyer Muite’s submissions regarding the unprecedented constitutional issues raised.
On Thursday, Mr Gachagua will defend himself before the Senate trial chamber. He has four hours to present his case, followed by cross-examination, while his legal team will call undisclosed witnesses.
Senators will then question the DP before closing submissions.
The National Assembly team, led by Kibwezi West MP Mwengi Mutuse, will present their case on Wednesday, with witnesses like Nairobi Governor Johnson Sakaja and former KEMSA boss Andrew Mulwa backing the impeachment.
Voting is set for Thursday evening.
EDITOR’S NOTE: President William Ruto has unleashed his machinery to decapitate his deputy politically, setting in motion an impeachment process. Don’t miss all the drama in the October 2024 issue of Nairobi Law Magazine.
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