New Twist As Petition Is Filed Blocking Ruto From Appointing New DP
According to Advocate Morara Omoke, Gachagua should remain in office until all legal challenges involving his impeachment are resolved.
He further argued that the Motion against Gachagua lacks the legal weight required for removal.
The petition read,”A conservatory order be issued restraining the Chief Justice or any person acting under the instructions of the Chief Justice including the Deputy Chief Justice from swearing in any nominated Deputy President for purposes of taking over the role of current Deputy President under Article 149(1) of the Constitution of Kenya, 2010 pending the hearing and determination of this Application.”
Further, Morara believes that the impeachment motion was driven by internal disputes within the United Democratic Alliance (UDA) rather than legitimate constitutional grounds.
He details that the party failed to follow its own dispute resolution mechanisms, violating the doctrine of exhaustion and key constitutional principles outlined in Article 159 of the Kenyan Constitution.
Notably, Morara asserts that the lack of a statutory framework governing the impeachment of the Deputy President creates a legal dent which should compel the courts to issue conservatory orders to maintain Gachagua’s position.