Wamuzi News Ke
In a stunning twist, a group of petitioners has launched a fresh court battle demanding the immediate reinstatement of Rigathi Gachagua as Deputy President. They argue that a 2024 High Court ruling blocking his impeachment remains legally intact — making his removal and the swearing-in of Prof. Kithure Kindiki not just irregular, but outright illegal.
Judiciary in the Crosshairs
The unfolding legal drama took an even sharper turn as 32 petitioners called for the removal of Justices Eric Ogolla, Anthony Mrima, and Fridah Mugambi from the case. They claim these judges are biased and unfit to preside over the high-stakes matter that could plunge the country into a constitutional crisis.
High Stakes, Higher Tensions
Five of the petitioners are relying on an October 18, 2024, decision by the High Court in Kerugoya, which halted Gachagua’s impeachment and barred the appointment of any successor. However, that ruling was later overturned by a three-judge panel handpicked by Deputy Chief Justice Philomena Mwilu.
But here’s the kicker: a Court of Appeal decision recently invalidated that bench, declaring it was unlawfully constituted. That bombshell ruling, according to lawyer Stanley Matiba — representing the five co-petitioners — means every legal move made after that point is null and void.
“This means Gachagua is still the legitimate Deputy President,” Matiba declared.
“The swearing-in of Prof. Kindiki is constitutionally defective and judicially illegal.”
A Nation at a Crossroads
Should the court agree, Kenya could find itself in uncharted waters — with two individuals simultaneously claiming the Deputy President’s office. The Constitution never anticipated such a bizarre showdown, and the outcome could redefine Kenya’s political and judicial landscape.
While Gachagua’s lawyers now say he isn’t pushing to return to office, they are demanding massive compensation for the rest of his term — including full salary, benefits, and an official declaration that the impeachment was unlawful.
Still, the co-petitioners insist that reinstating Gachagua isn’t a personal matter — it’s about upholding judicial integrity and the rule of law.
“Prof. Kindiki’s continued stay in office spits on the Constitution and shreds public trust in the Judiciary,” Matiba thundered in court.
“We want him ordered to vacate the office — immediately.”
Judges Under Fire
As if the stakes weren’t high enough, the petitioners also want the case ripped away from the current bench. Citing “irredeemable bias,” they accuse Justices Ogolla, Mrima, and Mugambi of facilitating Prof. Kindiki’s allegedly unlawful appointment.
Petitioner Joseph Enock Aura, through lawyer Harrison Kinyanjui, wants the files sent to Chief Justice Martha Koome, who he hopes will appoint a new, expanded bench of five or more judges.
“These judges can’t be trusted to rule fairly,” Aura said.
“Their earlier actions show they’ve already made up their minds.”
Aura further raised explosive claims about Prof. Kindiki — alleging he never resigned from his post as Interior Cabinet Secretary before being sworn in, and that he was never vetted by Parliament, violating constitutional requirements.
The Wait Begins
As the nation watches with bated breath, the courts have yet to issue any rulings on the latest applications. But one thing is clear — the outcome of this legal war could reshape Kenya’s political future and test the resilience of its judiciary like never before.
