High Court has been asked to lift the conservatory orders that prevent Deputy President Rigathi Gachagua from being replaced, following Senate’s resolution to upheld National Assembly’s decision to impeach Gachagua. Both parliament and the Attorney General argue that the interim orders currently undermine President William Ruto while also contradicting Cabinet decisions.
Attorney-General Dorcas Oduor argued on the context that the conservatory orders issued by Justice Mwongo of Kerugoya High Court, were not based on the required detailed rationale resulting to constitutional implications. As a result, Dorcas calls upon the court to lift those orders to provide solution to the position of the DP, saying the matter ought to be considered with urgency to avoid paralysing the Executive’s functioning.
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This is applauded by Solicitor-General Shadrack Mose who contends that the ex-parte issuance of orders hindering Prof. Kindiki’s swearing-in contravenes established principles of natural justice.
Through legal counsel Eric Gumbo, Parliament argues that Justice Mwongo overstepped judicial authority by effectively reviewing Senate’s impeachment proceedings, which by Articles 95 and 96, fall under Parliament’s exclusive jurisdiction, adding that the impugned orders risk precipitating a constitutional crisis by halting Senate’s final resolution and delaying the formalization of the Deputy President’s office.