The hearing of the impeachment of Deputy President Rigathi Gachagua resumes today with the judges expected to hear applications to set aside orders stopping his replacement.
Gachagua moved to court on Friday, October 18 seeking orders to block his replacement as deputy president immediately after the Senate upheld his impeachment on the previous night.
He secured two orders from both the High Court in Nairobi and Kerugoya stopping the implementation of the Gazette notice that communicated the vacancy in his office following the end of the impeachment process.
Justice Chacha Mwita sitting in Nairobi particularly stopped the swearing-in of Kithure Kindiki whom President William Ruto had nominated to become the new Deputy President.
Kindiki's name was immediately forwarded to the National Assembly where MPs approved his nomination as Deputy President on the same day of October 18.
Today, lawyers representing the state, the National Assembly and the Senate will be urging a three-judge bench formed to hear the matter to set aside the conservatory orders that stopped Kindiki's swearing-in as deputy president.
The bench is led by Justice Eric Ogola who is the High Court's most senior judge given his position as the principal judge.
The other two are justices Anthony Mrima and Freda Mugambi.
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.
The hearing starts at 10 am at the Milimani High Court in Nairobi.
"Given the pending application of the conservatory orders and those seeking to set aside the conservatory orders, we hereby direct as follows; the applications shall be deemed as responses for the conservatory orders. The set applications are thereby fixed for hearing on October 29 this month," Ogolla stated then.
Kindiki's appointment was halted after the High Court in Kerugoya last week issued orders barring him from assuming the office.
