Gachagua's Diary: Inside tough week that left Ex-DP exposed

Impeached Deputy President Rigathi Gachagua had a tough week fighting in the corridors of justice to be reinstated as the country’s second in command.

Gachagua started the hectic week with a Sunday church service in his Kiambu backyard where he called on Kenyans to pray for President William Ruto.

In a cleverly worded statement, Gachagua said the public should intercede for the country’s CEO for wisdom to navigate challenges and deliver on his promises to Kenyans.

“People are feeling helpless because of economic adversities, over-taxation, failing health systems and the President has a big job to do,” Gachagua said.

“We ask prayers for him so God can give him wisdom and the people of Kenya can get some relief.”

On the same day, part of Gachagua’s state security was reinstated after being withdrawn following his removal from office by the Senate on October 18.

The impeached DP had expressed fear for his life when he was discharged from Karen Hospital on October 20, telling Kenyans that he and his family were not safe.

However, when he appeared in church last Sunday, Gachagua was accompanied by a lean team of his security detail after the government returned two of his official vehicles and four presidential guards.

On Monday, Gachagua spent time at his private residence in Karen with his battery of lawyers preparing for a legal battle in Court to fight for his DP job.

The ousted DP launched a multi-pronged strategy to save his job after on Monday he appealed a decision by a three judge-bench to decline his recuse to have them recuse themselves.

The bench, comprising Justices Eric Ogola, Anthony Mrima and Freda Mugambi, had last Friday dismissed Gachagua’s application saying Deputy Chief Justice Philomena Mwilu acted within the law to empanel the bench.

Represented by Kamotho Njomo & Company Advocates, Gachagua’s legal team filed a Notice of Appeal on October 24, 2024, seeking to overturn the ruling.

“We seek an urgent intervention to stay proceedings before the High Court to preserve the integrity of our client’s right to a fair trial,” stated an affidavit by advocate John Njomo.

Gachagua’s counsel argued that the petition has attracted significant public interest and raised substantive legal questions.

His counsel emphasized that the High Court’s decisions thus far have shown the matter’s weight and urgency.

As Gachagua lost round in the High Court last Friday, on Tuesday the consolidated case he had filed were heard on Tuesday by the same bench, including his request to block his successor from being sworn in.

He asked the bench to extend conservatory orders by the Kerugoya High Court barring Kithure Kindiki from assuming office as the country’s deputy president.

Gachagua on Tuesday mounted a vigorous defence against his removal from office, challenging the public participation process.

His legal team argued that the process was flawed and lacked adequate public participation.

“In these proceedings, we are witnessing a scenario where an impeachment process, which should be legislative, has turned into a project involving all branches of government,’’ argued Lawyer Kibe Muingai.

“This impeachment of the Deputy President risks being seen as a government initiative, which goes against what our laws clearly outline. Consequently, the government, which should lead in upholding the law, may become its principal violator.”

Represented by a legal team led by Paul Muite, Gachagua argued before Justices Eric Ogola, Anthony Mrima, and Freda Mugambi that Kithure Kindiki, nominated by President William Ruto as the DP’s successor, was unfit for the role.

“The name submitted to Parliament is not capable of replacing the Deputy President of Kenya if this court dismisses our petition,” stated lawyer Ndegwa Njiru.

Gachagua’s legal team further sought conservatory orders to suspend the impeachment, contending these were essential to protect their client’s rights.

Lawyer Elisha Ongoya criticised Kindiki’s appointment as "unprecedented," raising concerns about how quickly President Ruto had obtained the necessary clearances. "Considering the unusual hurry to impeach Gachagua, I thought the country had become super-efficient," he remarked.

On Thursday, Gachagua suffered a devastating blow after the Court of Appeal declined to stop the three-judge bench from determining his fate.

Justices Patrick Kiage, George Odunga and Agrey Muchelule directed that the case be heard on November 6, at noon.

The judges stated that they could not grant Gachagua's request, citing procedural problems stemming from the failure to adequately list and serve all parties involved in the consolidated case.

This is after the Independent Electoral and Boundaries Commission(IEBC) and the United Democratic Alliance(UDA) party claimed that they were not served with the petitions by Gachagua's team.

The Attorney General, the National Assembly, the Senate and other interested parties urged the court that it could not continue with the case without the respondents being served.

The Court of Appeal ordered that all the interested parties be served by tomorrow Friday, November 1, and that they respond to the orders service by Monday next week.

The ruling delivered by the Court of Appeal came after Gachagua had sought the intervention of the court to stop the three-judge bench over what his lawyers termed was unlawful empanelment.