The High Court has declined to issue an order preventing Parliament from processing an impeachment motion against Deputy President Rigathi Gachagua. The motion, filed by former Senator Cleophas Malala, sought to block the National Assembly and Senate from tabling, debating, or acting on any proceedings aimed at ousting the Deputy President.
Malala's petition argued that both Houses lacked the constitutionally required two-thirds gender rule threshold, thus violating key constitutional provisions. However, Justice Bahati Mwamuye dismissed the petition, directing both Houses to submit their rejoinders by Thursday, October 3, 2024. Malala was also granted until Friday, October 4, to serve his rejoinder if necessary. The matter will be mentioned on October 7.
Meanwhile, Majority Leader Kimani Ichung’wah confirmed that the impeachment motion will be tabled on Tuesday at 2:30 PM. For the motion to proceed, 233 MPs must support it. Reports indicate that by Sunday, 302 members had already signed in favor.
Gachagua faces numerous charges, including allegations of violating Article 10 through inciteful and inflammatory public statements capable of stirring ethnic tensions. He is also accused of breaching multiple articles (147, 148, 174, 186, and 189) related to his conduct as the President’s principal assistant. Additionally, accusations of corruptly acquiring assets using taxpayers' money, with properties spread across Nyeri, Nairobi, and Kilifi counties, will be part of the charges he must answer.
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High Court Declines to Stop Parliament from Tabling Impeachment Motion...
If the motion passes, National Assembly Speaker Moses Wetang’ula will notify Senate Speaker Amason Kingi within two days for further action.
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