Blow to Rigathi Gachagua as Court Removes Injunction Preventing Kindiki's Swearing

• Deputy President Rigathi Gachagua and other petitioners asked the panel of three judges to continue the order to stop the swearing in of Kithure Kindiki as the new Deputy President
• However, a three-judge panel consisting of Justices Antony Mrima, Eric Ogola and Freda Mugambi overturned the order issued by the Kerugoya court
• The decision is a big blow to Gachagua, given that Kindiki will now be sworn in as the new vice president

Nairobi – The sacked vice president Rigathi Gachagua He has suffered a major blow in his quest to save his seat.

What Gachagua defended before the High Court

On Thursday, October 31, a three-judge panel comprising Justices Antony Mrima, Eric Ogola and Freda Mugambi lifted the restraining order Kithur Kindiki to take the post of vice president.

Petitioners David Munyi and Peter Gichobi came to court on October 18 to block Kindiki's swearing-in until the cases against Gachagua's removal are heard.

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During the trial, Gachagua claimed that Kindiki's appointment as DP was illegal, as the outgoing Minister of Internal Securityyou His wife was not eligible as he was not a member of the UDA party.

The sacked Deputy President also claimed that Kindiki had not resigned as Minister before being appointed as Deputy President as required under Article 148.

“We are sure and we see that the current constitutional system does not envisage any situation in which the office of the deputy president will remain vacant except for a short period of time to fill that position,” Judge Mrima said.

What decision did the Court of Appeal give in the Gachagua case?

Previously, Gachagua failed in his quest to stop his activity from being charged in the High Court.

The judges of the Court of Appeal refused to issue orders to stop the High Court case pending appeal but ordered the case to be mentioned on Wednesday, November 6.

Justices Patrick Kiage, George Odunga, and Aggrey Muchelule adjourned the hearing of Gachagua's appeal, citing procedural issues.

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A blow to Gachagua as the 3 judges who are hearing his case sit tight

According to the judges, Gachagua's legal team failed to properly list and serve all the parties involved in the case joined at the High Court.

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Source: TUKO.co.ke