Another petition has been filed at the High Court in Nairobi seeking to block the National Assembly from discussing the nomination of CS Kithure Kindiki as the nominee to replace Gachagua as Deputy President.
Sheria Mtaani Na Shadrack Wambui moved to court seeking urgent orders to stop the implementation of the Gazette Notice published by Senate Speaker Amason Kingi that communicated the vacancy in the Office of the Deputy President.
Senators last night voted to uphold five of the 11 charges preferred against Gachagua in the impeachment motion that was sponsored by Kibwezi West MP Mwengi Mutuse to impeach the deputy President.
As such, President William Ruto, acting on the Gazette Notice from the Senate Friday nominated Kindiki to become the next Deputy President.
That nomination has already been communicated to the National Assembly where MPs are currently considering to suitability of Kindiki to occupy the office.
The petitioners have asked the court to stop the whole process claiming Gachagua’s impeachment last night was a violation of his rights as the decision was reached without his participation.
“That in the interim and pending the hearing and determination of this application, this Honourable Court be pleased to issue a conservatory order temporarily staying the decision of the Speaker of the Senate,” reads the prayers of the petitioners.
Their lawyer Danstan Omari has also asked the court to stop both President Ruto and the National Assembly from acting on the gazette notice and appointing a replacement for the deputy president.
Those sued are the Speaker of the National Assembly, The Clerk of the National Assembly, the Speaker of the Senate and the Attorney General.
Gachagua has been listed as an interested party.
The petitioners who have moved to court under a certificate or urgency want their petition referred to Chief Justice Martha Koome to empanel a bench of three or more judges to determine the matter claiming it raises serious and weighty issues of law.