Deputy President designate Hon. Kithure Kindiki and impeached DP Rigathi Gachagua//Photo Courtesy
Renowned lawyer Ahmednassir Abdullahi on his X account has revealed order of events over the controversial stalemate in the country surrounding office of the Deputy President.
The lawyer said that the case before the court over the impeachment of Rigathi Gachagua as Deputy President will be decided latest next week, and Prof. Kithure Kindiki who was appointed and approved as the next DP will be finally sworn in.
”The conservatory order will be discharged by the three judge bench…latest by next week if not by Friday.. Prof. Kithure Kindiki will be sworn in as deputy president,” he wrote.
He further revealed that Rigathi Gachagua will appear victorious in the ongoing case since he was denied right to fair hearing before the Senate. Subsequently, his reinstatement order will be given by the courts. However, the lawyer said that this will be too late since it will find that Kithure Kindiki has taken oath of office as the second in command in the country.
”Both the High Court and the Court of Appeal will quash the impeachment of Hon Rigathi Gachagua on the ground that he was denied the RIGHT to be heard during the Senate trial as he was sick. Both courts will order his immediate reinstatement, …but he can’t be reinstated as Prof. Kindiki is in office,” added the lawyer.
In line with this development, Rigathi Gachagua will have no option but retire home and bid bye to Kenyan politics.
Still on Rigathi Gachagua’s woes, the court today ruled that the three judge bench, that his lawyers accused of unlawfully constituted was in accordance with the law. The court argued that in the absence of the Chief Justice, the Deputy Chief Justice takes his or her administrative roles.
The three-judge bench consisting of Freda Mugambi, Eric Ogola and Antony Mrima said the Constitution had clearly set out the roles of the DCJ which included substituting the CJ where applicable.
“We find that there was a deliberate scheme by DCJ to deputize CJ in the Supreme Court but not JSC. DCJ can assign judges whenever she’s discharging administrative issues and especially when the CJ has not raised objections,” ruled Justice Mrima.
Gachagua’s lawyers had opposed that the bench can only be constituted by the Chief Justice, a position objected to by the respondents’ lawyers.
Rigathi Gachagua’s lawyer, Senior Counsel Paul Muite while at the Milimani Law Courts today argued that Gachagua is still the DP.
He asserted,
” I am here for the Deputy president not former Deputy president. He remains in office on the basis of the conservatory orders.”
The case is ongoing and we await for the outcome. The question is, how will this stalemate end?
Keep in touch as we unfold everything as it happens…
