Breaking News: Rigathi Gachagua’s Impeachment Case Hits Snag as Court Orders Lawyers to File Application Within an Hour

A dramatic turn of events unfolded at the Milimani Law Court in Nairobi on Tuesday as a three-judge bench considering petitions arising from Rigathi Gachagua’s impeachment as Deputy President directed his lawyers to file an application within an hour.

The directive was issued by Justice Eric Ogolla, who was presiding over the case, after prolonged arguments over the bench with Gachagua’s lawyers challenging the involvement of Deputy Chief Justice Philomena Mwilu in empaneling the bench.

Senior Counsel Paul Muite, representing Gachagua, told the bench that his team would require sufficient time to file an application, suggesting that the court defer a scheduled inter-parties hearing. However, lawyers representing the National Assembly and the Senate challenged Gachagua’s contention, noting that the Deputy Chief Justice is constitutionally permitted to deputize the Chief Justice.

Meanwhile, the State Law Office notified the court of its intention to oppose the listing of President William Ruto in the suits, citing presidential immunity. Attorney General Dorcas Oduor, who appeared together with former Attorney General Githu Muigai, said the President had separately instructed lawyers to challenge his inclusion.

In a related development, President Ruto’s lawyer, Adrian Kamotho, filed a preliminary objection at the Kirinyaga High Court, challenging the nomination of Interior Cabinet Secretary Kithure Kindiki as Deputy President. Kamotho argued that the nomination can only be challenged as a presidential election petition at the Supreme Court, citing Article 165 (5) (a) of the Constitution.

Kamotho also cited Article 143 of the Constitution, which grants President Ruto immunity from prosecution, and argued that the petitioners’ suit is "a clear disregard of the law, [and] an abuse of the due process of court." He asked the court to find the petition "irredeemably defective, null, and void ab initio for breach of mandatory provisions of the law."

The developments come a day after Gachagua wrote to the High Court Registrar contesting directives issued by a three-judge bench in Nairobi considering his petition, alleging bias.

Stay tuned for further updates on this developing story.

Related Stories:

• Rigathi Gachagua’s Impeachment: A Timeline of Events
• Presidential Immunity: What Does the Constitution Say?
• The Role of the Deputy Chief Justice in Empaneling the Bench

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