High Court Rules on Gachagua Team’s Effort to Stop Impeachment Motion
High Court Rules on Gachagua Team’s Effort to Stop Impeachment Motion: The High Court has declined to issue temporary orders blocking the National Assembly and Senate from tabling and debating any impeachment motion against Deputy President Rigathi Gachagua.
Cleopas Malalah filed the case in court today seeking to have the two stopped from considering any motion on Gachagua
Malala further argued that the National Assembly and the Senate were currently unlawfully constituted and therefore lacked the mandate to debate the impeachment.
The Documents Read,”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,”
”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 (National Assembly and Senate), jointly and severally, to meet theconstitutional requirements regarding the ‘no more than two-thirds gender rule’ set out under Article 27(8) and Article 81(b) of the Constitution,” the court documents added.
Justice Bahati Mwamuye instead certified the matter filed by Malala as urgent and directed it be heard on a priority basis.
Malala argued that the National Assembly and Senate as currently composed is allegedly unconstitutional for failure to meet the two-thirds gender rule and anything they deliberate on has no consequence.
The Judge directed the petitioner to serve the respondents and interested parties with his documents by close of business today.
The Document Read,”The Petitioner/Applicant shall serve the Chamber Summons, the Petition, and this Court Order on the Respondents and the Interested Parties by close of business today, 30/09/2024, and file an Affidavit(s) of Service in that regard by end of day 30/09/2024.”
Respondents are to file by close of business on October 4. The matter will be mentioned on October 7 for further directions or issuance of orders.
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