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A legal showdown expected on Tuesday after Gachagua’s impeachment

Claimed as the ultimate intervention to spare Rigathi Gachagua from impeachment, the three-judge bench’s ruling on Tuesday is a make-or-break moment for the impeached deputy president.

Tuesday’s decision on whether to lift or prolong conservatory orders preventing Kithure Kindiki from taking office is anticipated from the bench led by Justice Eric Ogola, which also includes Justices Anthony Mrima and Firda Mugambi.

Kithure Kindiki’s nomination as deputy president was approved by the National Assembly on Friday. This comes after conservatory orders were issued by High Court judges Richard Mwongo of Kerugoya and Chacha Mwita of Milimani, which stopped the Senate’s resolution from impeaching Gachagua and prevented Professor Kindiki from taking office.

The three-judge bench rejected Attorney General Dorcas Oduor’s attempts to have the orders revoked and instead scheduled an inter-partes hearing for Tuesday. Just hours before the matter was brought before the High Court’s bench, two grievances concerning the bench empanelment process were submitted to Deputy Registrar of the Judiciary and Chief Justice Martha Koome.

“As we await the hearing of the Respondents’ case on Tuesday, October 22, 2024, the public supporters of Hon. Oscar Sudi’s illegal impeachment have boasted that the Saturday session of the Bench was conducted under opaque circumstances.

Kamotho Njomo, a lawyer, requests information from the Deputy Registrar of the Judiciary in a letter dated October 20, 2024, including whether or not the file was actually presented to the Chief Justice and when.