A Kenyan Goes to Court Seeking to Block Swearing-in of Any New DP If Gachagua is Impeached

A Kenyan by the name Morara Omoke has rushed to the High Court asking seeking to bar the swearing-in of any new deputy president, should the Senate succeed the National Assembly’s stand on Rigathi Gachagua’s impeachment motion.

Advocate Morara argued that there are some legal uncertainties that are still surrounding the process of DP Gachagua’s impeachment motion that ought to be addressed by the Eldoret High Court where this case was filed on Thursday, 9.

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Having succeeded filing this petition at the Court, Morara is arguably seeking to bar any further process of swearing-in any new deputy President by CJ Martha Koome to give time for the court hearings. This move is aiming at offering Gachagua some reprieve, regarding his impeachment journey.

“A conservatory order be issued restraining the Chief Justice or any person acting under the instructions of the Chief Justice including the Deputy Chief Justice from swearing in any nominated Deputy President for purposes of taking over the role of current Deputy President under Article 149(1) of the Constitution of Kenya, 2010 pending the hearing and determination of this Application,” reads in part of the petition.

Further in his petition, Morara argues that Gachagua’s Impeachment Motion which has currently hit the Kenyan politics with a huge wave, is purely political vastly influenced by the ideological differences in the UDA party.

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In regards, Morara insists that no new deputy president should be appointed until the courts have given a final ruling on the matter. He claims that, any appointment done before the court listens to the matter in totality, will demean the Constitutional Rights provided to citizens of this country under the 2010 Constitution.

The case has already been certified as urgent and will be heard on October 17, coinciding with the second day of the Senate trial.

This petition comes a few days after the National Assembly unanimously passed Gachagua’s impeachment motion. On Wednesday 9, speaker of the Senate Amason Kingi also gazetted a day and date for the hearing of this motion, reading all the 11-charges alleged on DP Gachagua’s office