The impeached DP Rigathi Gachagua has urged a three Judge Bench to extend conservatory orders preventing Kithure Kindiki from assuming office as the new DP.
DP Rigathi Gachagua through his advocate Prof.Ogoya, urged Court to find that Kenyan constitution offers both hope and promise that the constitution is supreme.
Gachagua’s Lawyers argued that none of the 50 million Kenyans was called to weigh in the suitability of nominated DP Prof. Kindiki to hold the office of Deputy President.
In responding to the allegations that the High Court has no Jurisdiction to ventilate DP Gachagua’s impeachment as alleged by the National Assembly Lawyers, Gachagua informed court that it has unchallenged jurisdiction to check the impeachment process at whatever level.
“The greatest public interest is upholding our constitution, there is no superior public interest that outweighs upholding the Kenyan constitution…” submitted Prof. Ogoya.
Gachagua has maintained that he was condemned by the senate unheard.
DP Gachagua urged court to find that Kenya is not a Presidential or legislative democracy but a constitutional democracy and that the constitution was never followed during his impeachment process.
He told court that unlike what happened at the National assembly, those accorded power to lead by the constitution can only exercise those powers within the four corners of the Law.
The case continues in court.
