BY SAM ALFAN.
The High Court in Kerugoya has rejected an application seeking to suspend orders issued yesterday, halting the swearing-in of Deputy President nominee Kithure Kindiki, who was set to replace the impeached Rigathi Gachagua.
Justice Freda Mugambi declined to issue temporary orders to suspend the ruling by Justice Richard Mwongo, which had halted Kindiki’s swearing-in as the third Deputy President under the 2010 Constitution.
“In light of the urgency of the matter and the weighty issues raised, we direct that the application be served and responded to immediately, for inter-partes hearing on Tuesday, 22nd October 2024, at 11:00 a.m. in open Court, No.18,” ruled Justice Mugambi.
The judge scheduled the matter for a hearing on Tuesday.
This development follows a petition by David Mathenge, Peter Kamotho, Grace Mwangi, Clement Muriuki, and Edwin Kariuki, who approached the court seeking to overturn the orders issued on 18th October 2024, which had allowed Kindiki to be sworn in.
The five petitioners requested the court to “grant an order to temporarily stay the implementation of the ex parte orders issued on 18th October 2024 by Justice Richard Mwongo in Kerugoya, pending the hearing and determination of the case.”
They urged the court to set aside, review, or vary the ex parte orders issued by Justice Mwongo. Alternatively, they sought an appropriate remedy to serve the interests of justice.
The petitioners argued that the order was made without the judge considering or reviewing their response to the application dated 18th October 2024. They contended that issuing such final orders without hearing both sides violated the rules of natural justice, which require both parties to be heard before orders with significant implications are made.
“The judge issued the impugned order without determining whether he had the jurisdiction to address matters related to the impeachment process, which, under Articles 95 and 96 of the Constitution, grants Parliament the exclusive authority to hold the Executive accountable through mechanisms such as impeachment,” they stated.
The petitioners further argued that Justice Mwongo’s order amounted to a review of the impeachment proceedings, contrary to the doctrine of political questions. They pointed out that Rigathi Gachagua ceased to hold office on 17th October 2024, following a Senate vote where at least two-thirds of the members upheld the impeachment charges against him, pursuant to Article 145(6) of the Constitution.
“Blocking the implementation of the Senate’s resolution will lead to a significant constitutional crisis. The order was based on non-disclosure of key facts, including that the implementation of the resolution, which has now been stayed, had already taken effect,” they told the Kerugoya High Court.
