Why Gachagua's hopes hang by loose thread

Impeached Deputy President Rigathi Gachagua's political hopes hang by a thread as he battles to overturn his removal from office.

The former DP is banking his hopes on a key ruling expected on Thursday by a three-judge bench in which he is seeking to extend orders barring his successor from assuming office.

Gachagua has also filed an appeal challenging the three-judge bench's decision not to recuse itself from hearing his case challenging Pariament's decision to impeach him.

Parliament approved Kithure Kindiki but his swearing-in was put on hold after Gachagua moved to the High Court to block the process arguing the impeachment was flawed.

During submissions by his lawyers, Gachagua argued that while his impeachment was null and void, his successor could not assume office because he failed to meet the requirements of the law.

With Gachagua seeking to further block Kindiki's swearing-in, he hopes the three-judge bench will rule in his favour and declare the nomination process of his successor flawed.

On Tuesday, Gachagua's lawyers laid bare their case against Kindiki's nomination, alleging that he was not qualified as he was not a member of the UDA party.

The Constitution provides that the president and his deputy must be members of one political party, elected on a joint ticket.

Putting his case against Kindiki, Gachagua through his lawyers argued that Kindiki had told Parliament during his vetting in August that he was not a member of UDA.

Kindiki was being vetted for reappointment as the Cabinet Secretary for Interior and National Administration after President Ruto dissolved the Cabinet following a wave of Gen Z protests.

In an affidavit filed in court, Gachagua opposed Kindiki's nomination as DP saying he was ineligible as he was not a member of the UDA party.

"However, his nomination as deputy president on October 18 allegedly included confirmation of membership status in a political party from the office of the registrar of political parties and membership confirmation from the UDA party,'' Gachagua said.

Gachagua also claimed that Kindiki had not resigned as Cabinet Secretary for Interior before his nomination as deputy president as required under Article 148.

Gachagua also argued that being a full-time state officer, Kindiki is disqualified from participating in any gainful employment, including as deputy president.

In a multipronged attack on Kindiki's nomination, Gachagua argued that the process to replace him was rushed in under six hours yet Parliament had 74 hours to process the nomination.

"In totality, the procedure of removing me from office, nominating my replacement and the approval thereof by the National Assembly was marred by constitutional breaches. The end result is that the entire process is unconstitutional, null and void,'' Gachagua said in his affidavit. 

The three-judge bench comprises Justices Eric Ogola, Anthony Mrima and Freda Mugambi.

The bench will on Thursday afternoon deliver its ruling on whether to extend the conservatory orders by the High Court in Kerugoya which barred Kindiki from assuming office as DP.

Gachagua is waiting for the decision with bated breath hoping that the court will rule in his favour and block Kindiki's swearing-in.

Failing which, Gachagua's hopes of returning to office as the country's second in command would be crushed, threatening to end his political career.

There are fears that if the orders are lifted, Kindiki could take the oath of office any time this week, ending Gachagua's hopes of remaining the country's second in command.

The bench last week dismissed the petitioners' application for recusal after finding the claims raised as unsubstantiated and falling short of the threshold required for the recusal of a judge.