Justice Bahati Mwamuye of the High Court has refused to grant interim orders aimed at blocking the National Assembly from proceeding with the impeachment motion against Deputy President Rigathi Gachagua.
In today’s ruling, Justice Mwamuye rejected the request submitted by former UDA party Secretary General Cleophas Malalah.
“Before this Court is the Certificate of Urgency dated 30/09/2024 signed by the Counsel Peter Mwenda Njagi, the Chamber Summons dated 30/09/2024, and the Supporting Affidavit of the Petitioner/Applicant, Cleophas Wakhungu Malalah, dated 30/09/2024; all of which were filed alongside a Petition dated 30/09/2024.
“I note that the Chamber Summons and the Petition seek interim and final orders respectively against the Respondents and the 1st and 2nd Interested Parties restraining them, jointly and severally, from tabling, debating, considering, or acting upon any motion for the removal or levying of sanctions against the 3rd Interested Party, the Deputy President of the Republic of Kenya,” part of the ruling read in part.
Malalah filed a petition in court on September 30, seeking to stop the impeachment motion from being tabled in the National Assembly on Tuesday, October 1.
In his petition, Malalah argued that the motion should be blocked, claiming that both the National Assembly and the Senate are unconstitutional due to their failure to meet the gender representation requirements outlined in the Constitution.
“The basis advanced by the Petitioner/Applicant is that the 1st and 2nd Respondents, the National Assembly and the Senate respectively, are allegedly unconstitutional in terms of their composition due to an alleged failure by the Respondents, jointly and severally, to meet the constitutional requirements regarding the ‘no more than two-thirds gender rule’ set out under Article 27(8) and Article 81(b) of the Constitution.”
