Justice Bahati Mwamuye of the High Court has declined to issue interim orders seeking to block the National Assembly from processing an Impeachment motion against the Deputy President Rigath Gachagua.
In his today’s ruling, Justice Bahati Mwamuye declined the request by former UDA party Secretary General Cleophas Malalah.
“Before this Court is the Certificate of Urgency dated 30/09/2024 signed by the Counsel Peter Mwenda Njagi, the Chamber Summons dated 30/09/2024, and the Supporting Affidavit of the Petitioner/Applicant, Cleophas Wakhungu Malalah, dated 30/09/2024; all of which were filed alongside a Petition dated 30/09/2024.
“I note that the Chamber Summons and the Petition seek interim and final orders respectively against the Respondents and the 1st and 2nd Interested Parties restraining them, jointly and severally, from tabling, debating, considering, or acting upon any motion for the removal or levying of sanctions against the 3rd Interested Party, the Deputy President of the Republic of Kenya,” part of the ruling read in part.
Malalah moved to Court on September 30, seeking to halt the impeachment motion being tabled in the National Assembly on Tuesday, October 1.
In the petition, Malalah argued that the motion should be halted, citing the unconstitutionality of the National Assembly and the Senate due to their failure to meet gender representation requirements as stipulated under the Constitution.
“The basis advanced by the Petitioner/Applicant is that the 1st and 2nd Respondents, the National Assembly and the Senate respectively, are allegedly unconstitutional in terms of their composition due to an alleged failure by the Respondents, jointly and severally, to meet the constitutional requirements regarding the ‘no more than two-thirds gender rule’ set out under Article 27(8) and Article 81(b) of the Constitution.”
