A petition has been filed to prevent the appointment of a new deputy president in Kenya. The petitioner is seeking to block President William Ruto from appointing a new deputy president if Rigathi Gachagua’s impeachment is upheld by the Senate. This legal move comes as Gachagua faces impeachment proceedings that have captured national attention.
On October 9, advocate Morara Omoke filed the petition at the Eldoret High Court. He seeks a conservatory order that would stop Chief Justice Martha Koome from swearing in a new deputy president while the court addresses the impeachment of Gachagua. The petitioner argues that Gachagua should remain in office until the legal disputes surrounding his removal are fully resolved.
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Morara’s petition contends that the impeachment lacks the legal grounds needed to remove Gachagua. He claims that the political motives behind the impeachment overshadow the constitutional principles. The advocate further raises concerns over procedural lapses, arguing that the United Democratic Alliance (UDA) party failed to follow its internal dispute resolution mechanisms.
Key Legal Arguments in the Petition
The petition explicitly states: “A conservatory order be issued restraining the Chief Justice or any person acting under her instructions from swearing in any nominated Deputy President for purposes of taking over the role of current Deputy President.” This move is seen as a way to preserve Gachagua’s role until the court issues a final ruling.
The case, filed just a day after the National Assembly passed Gachagua’s impeachment, argues that the absence of clear legal guidelines creates a vacuum that must be addressed before any further action is taken.
Gachagua’s impeachment has sent shockwaves through the political landscape. After the National Assembly passed the motion, the process moved to the Senate for further consideration. Morara, however, insists that no deputy president should be sworn in while the Senate hearings and court cases continue.
The case has already been certified as urgent and will be heard on October 17, the second day of the Senate trial. In addition to challenging the legal grounds of the impeachment, Morara’s petition warns that swearing in a new deputy president before the final ruling could violate the constitutional rights of Kenyan voters and set a dangerous precedent.
Gachagua’s Legal Team Pushes Back
Gachagua’s legal defense, led by veteran lawyer Paul Muite, is also fighting the impeachment. On October 9, Muite filed a request for Chief Justice Koome to review all petitions related to the impeachment. His argument leans heavily on Article 1 of the Kenyan Constitution, which grants sovereign power to the people. He asserts that the electorate’s choice must be respected until due process is completed.
With 22 petitions already filed in Gachagua’s defense, Muite has called for consolidation of these cases to streamline the legal process. Justice Lawrence Mugambi has ruled in favor of this consolidation, which will allow the courts to fast-track their review of the impeachment.
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As the Senate prepares to deliberate on the impeachment, the High Court will simultaneously decide whether to grant the conservatory orders sought by Morara.
As of now, Gachagua remains in office, with the final decision resting in the hands of both the courts and the Senate. Whether this petition will succeed in halting the appointment of a new deputy president remains a pivotal question for Kenya’s legal and political future.
