The High Court has declined to issue interim orders halting the presentation of an impeachment motion against Deputy President Rigathi Gachagua in Parliament.
In a ruling on Monday, High Court Judge Bahati Mwamuye declined to grant the order following a petition filed by allies of Gachagua, led by former United Democratic Alliance Secretary General Cleophas Malala.
Malala and his legal team sought to stop the tabling and debate of the impeachment motion, scheduled for Tuesday, October 1, 2024, in the National Assembly.
The petition aimed to halt the proceedings, citing concerns over constitutional violations.
According to court documents, the petition highlighted alleged constitutional issues, particularly regarding the gender rule under Article 27(8) and Article 81(b) of the Constitution, which requires no more than two-thirds of the same gender in Parliament.
The petitioners claimed that both the National Assembly and Senate were unconstitutionally composed and, therefore, unfit to conduct the impeachment.
“Before this Court is the Certificate of Urgency dated 30/09/2024 signed by Counsel Peter Mwenda Njagi, the Chamber Summons dated 30/09/2024, and the Supporting Affidavit of the Petitioner/Applicant, Cleophas Wakhungu Malala, all of which were filed alongside a Petition dated 30/09/2024,” reads a section of Malala’s petition before the court.
“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 811h) of the Constitution.”
Justice Mwamuye, after reviewing the initial arguments, ordered the case to be heard as a matter of urgency but declined to issue an immediate order blocking the impeachment motion.
“The Chamber Summons dated 30/09/2024 is hereby certified urgent and will be heard on a priority basis,” the judge said.
The judge further directed that the respondents, including the National Assembly and Senate, be served with the petition and related documents by the close of business on September 30, 2024.
Responses to the petition are expected by October 3, 2024, with a rejoinder from the petitioners to be filed by October 4, 2024.
The matter will be mentioned on October 7, 2024, for further directions.
The court’s decision leaves the door open for the impeachment motion against Gachagua to proceed, pending further deliberations on the constitutional concerns raised by the petitioners.
