The High Court has declined to issue interim orders to stop the National Assembly from processing an impeachment motion against Deputy President Rigathi Gachagua.
In a ruling delivered on Monday, Justice Bahati Mwamuye declined to issue the interim order sought by former UDA Secretary-General Cleophas Malalah, who filed a petition seeking to halt the tabling and debate of the impeachment motion.
“Before this Court is the Certificate of Urgency dated 30/09/2024, signed by 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 ruling reads in part.
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.”
However, Judge Mwamuye certified the matter as urgent and directed Malala to serve the National Assembly, the Senate, and other interested parties by close of business on September 30.
The respondents have until October 3 to file their responses, while the petitioner has until October 4 to submit a rejoinder if necessary.
The case will be mentioned on October 7 for further directions.
