A third attempt to stop the Deputy President Rigathi Gachagua impeachment motion fails has failed as a 3-judge bench of the Constitutional Division of the High Court declined to issue interim orders.
This comes as the first and second attempts by former United Democratic Alliance (UDA) Secretary-General Cleophas Malalah and civil society group Sheria Mtaani failed.
The petition was filled by Caroline Wambui Mwangi against the Senate and National Assembly and seeks to stop the impeachment process.
Justice Lawrence Mugambi in a court statement ordered the application and petition be served by close of business today.
“Responses to the Petition and Application be filed and served within 5 days. Any rejoinder if need be filed within 3 days,” read the court documents.
The case will be mentioned on 9/10/2024 for further directions.
The accusations leveled against Gachagua include violation of Article 10 on the National Values and Principles of Governance on account of his public utterances which his accusers argue have been inciteful, reckless inflammatory and capable of stirring ethnic hatred and balkanization.
Further, DP Gachagua is also accused of violating of articles 147, 148,174,186 and 189 which speak to his conduct and responsibility as the principal assistant to the President.
The Deputy President is also accused of corruptly and unlawfully acquiring assets using taxpayers’ money.