The High Court in Nairobi has refused to issue an injunction stopping the impeachment proceedings against Deputy President Rigathi Gachagua.
The application was filed by Cleophas Malalah, the former Secretary General of the United Democratic Alliance (UDA), who claims that the composition of both the Senate and National Assembly fails to meet constitutional standards.
Malalah sought to prevent any further discussions or actions on the motion aimed at removing or imposing sanctions on Gachagua.
He argued that both legislative bodies are in violation of the constitutional gender rule as stipulated in Article 27(8) and Article 81(b) of the Kenyan Constitution, which requires that no more than two-thirds of members in elective bodies should be of the same gender.
“The Petitioner/Applicant contends that the National Assembly and Senate, the 1st and 2nd Respondents, are unconstitutional in their composition due to non-compliance with the gender rule outlined in Article 27(8) and Article 81(b),” the motion stated in part.
Also Read: Confusion as President Ruto, Gachagua Schedule Presser Differently
In his ruling, Justice Bahati Mwamuye acknowledged the urgency of the petition but declined to issue interim orders stopping the impeachment process.
The court has, however, scheduled an expedited hearing and directed that the petition be served to all relevant parties, including the National Assembly, Senate, and other interested groups, by September 30, 2024.
Respondents are required to file their responses by October 3, 2024, while the petitioner has been given until October 4, 2024, to submit a rejoinder.
The case will be mentioned again on October 7, 2024, for further directions.
