Impeached Deputy President Rigathi Gachagua has asked Chief Justice Martha Koome to ensure justice is served in the case challenging his removal from office.
Addressing journalists as he left Karen Hospital where he had been admitted since Thursday, Gachagua said the Chief Justice should demonstrate that Kenya is a country where the rule of law is followed.
“I ask the Chief Justice Martha Koome to live true to the fidelity of our Constitution,” he said.
Gachagua further noted that there are court orders stating that the Deputy President should remain in office until the matter is heard and determined.
He said his lawyers have gone to court, adding that the team has faith in the Judiciary.
“I requested that according to the rules of natural justice, I be given the opportunity to appear before the Senate. In the National Assembly, I was there and defended myself. In the Senate, I was there day one and I was ready for cross-examination,” he said.
Gachagua insisted that he should have been given an opportunity to defend himself.
“According to my lawyers, the Motion was not time-bound. What was time-bound was the select committee that was to work for 10 days and report back to the House but it was never constituted. This matter should have continued and waited for me,” he stated.
Gachagua said he believes he would have persuaded senators not to uphold the 11 charges against him.
The High Court in Kerugoya has issued orders barring Kithure Kindiki from assuming office as Deputy President pending the hearing and determination of a case filed before it.
David Munyi Mathenge and Peter Gichobi Kamotho sought the orders after the National Assembly approved the nomination of Kindiki as the new Deputy President, a day after the Senate voted to impeach Rigathi Gachagua.
Mathenge and Kamotho have sued the Senate, the Speaker of the Senate, and two others.
The case was filed under a certificate of urgency before Justice Mwongo Richard Mururu.
Mururu ruled that matters raised in the petition were of great national importance and urgency.
The matter will be mentioned before the High Court bench on October 24, 2024.
The High Court in Nairobi has also blocked Kindiki’s appointment until it hears a case next week, challenging the impeachment of Gachagua.
The court said Kindiki's appointment as deputy president and the Senate's resolution upholding impeachment charges against Gachagua were suspended until October 24, when a bench of judges appointed by the chief justice will debate the issue.
A second court order said Kindiki cannot assume office until the case is heard.