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Rigathi Gachagua Petitions Court to Block Kithure Kindiki’s Nomination as Deputy President.

Former Deputy President Rigathi Gachagua has taken legal action, seeking to stop President William Ruto from appointing a replacement following his impeachment. Gachagua, through his legal team, Kamotho Njomo & Company, has petitioned the courts to bar Parliament from discussing, vetting, or approving any nominee for the position of Deputy President.


Rigathi Gachagua Petitions Court to Block Kithure Kindiki’s Nomination as Deputy President.
Rigathi Gachagua Petitions Court to Block Kithure Kindiki’s Nomination as Deputy President.

Gachagua raised concerns over what he described as the "hurried nature" of the process, stating that there appeared to be a concerted effort to push him out of office.


"There has been a demonstrated urgency to remove the Deputy President from office and install another person, which may be done hurriedly with a view to frustrating the Deputy President, hence the urgency to hear this petition and the application," read a part of the petition.


On Friday morning, President Ruto nominated Interior Cabinet Secretary Kithure Kindiki to fill the Deputy President's seat and forwarded his name to the National Assembly for approval. Gachagua's petition aims to halt this process.


In his legal arguments, Gachagua questioned the impeachment's legitimacy, calling on the courts to direct both the National Assembly and Senate to correct any inaccurate information presented during the impeachment motions. He further requested the Chief Justice to appoint an uneven number of judges to hear and determine the case.


The former Deputy President has expressed dissatisfaction with the Senate's trial, asserting that the 11 grounds for impeachment lacked credible evidence. He drew parallels to the 2015 impeachment of former Embu Governor Martin Wambora, whose removal from office was overturned by the Court of Appeal due to insufficient proof of constitutional violations.


Gachagua also criticized Parliament for failing to conduct adequate public participation in the impeachment process, referencing a High Court ruling that mandated such participation at the constituency level.


"This express order of the court was disregarded by the Senate," Gachagua argued in his petition.


His challenge marks the fourth legal application aimed at preventing Kindiki's nomination and approval. The petition echoes similar concerns raised by other groups. The lobby group Sheria Mtaani, represented by lawyer Danstan Omari, has also filed a petition, arguing that Gachagua was not given a fair chance to defend himself against the allegations.


Omari’s petition seeks to prevent both President Ruto and the National Assembly from acting on the gazette notice or proceeding with the nomination and approval process.


As of now, the four petitions filed at the Milimani law courts are pending determination, all aimed at stopping the swift replacement of Gachagua as the country's Deputy President. The legal battle continues to unfold, adding layers of complexity to the already tense political landscape.

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