In what is being described as a last-ditch effort to save Rigathi Gachagua from impeachment, a crucial decision by a three-judge bench is expected on Tuesday. The bench, led by Justice Eric Ogola and including Justices Anthony Mrima and Firda Mugambi, will determine whether to uphold or extend the conservatory orders preventing Kithure Kindiki from assuming the role of deputy president, following his recent approval by the National Assembly.
This ruling comes after High Court judges Chacha Mwita (Milimani) and Richard Mwongo (Kerugoya) issued orders temporarily halting the Senate's decision to impeach Gachagua and stopping Kindiki from taking office. Attorney General Dorcas Oduor’s request to overturn the orders was rejected by the three-judge panel, which instead scheduled a full hearing for Tuesday.
Just hours before the High Court is set to address the matter, two formal complaints have been filed with Chief Justice Martha Koome and the Deputy Registrar of the Judiciary, challenging the process by which the bench was appointed.
In a letter dated October 21, 2024, lawyer Njindo Matiba raised concerns about claims made by supporters of the impeachment, including Hon. Oscar Sudi, that the bench had secretly lifted the order preventing Kindiki’s swearing-in, allegedly paving the way for his immediate inauguration.
Another letter, dated October 20, 2024, by lawyer Kamotho Njomo, questioned whether the case file had been properly presented to the Chief Justice and sought clarification on the timeline and decisions recorded regarding the formation of the bench, particularly those made on Saturday, October 19, 2024.
