Embattled DP Rigathi Gachagua has urged the three judge bench not to lift orders that has barred DP elect Kindiki Kithure from being sworn into office.
Through his lawyers, Gachagua has asked the judges to preserve the substratum of his case by upholding the conservatory orders pending hearing and determination of his case challenging the impeachment.
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.
Lawyer Elisha Ongoya told court to find and hold that urged Court to find that Kenyan constitution offers both hope and promise that the constitution is supreme.
“I beseech this court to urge H.E Rigathi Gachagua to run to the top of Mt. Kenya, face East, and tell the world that Kenya is a country under the constitution through the opportunity presented by this case,” Ongoya said
He 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, Ongoya said 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,” he said
Gachagua has maintained that he was condemned by the senate unheard.
He 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.
“Our remaining beacon of hope is this judiciary. Will you drop the ball or will you hold the ball to the finish line? “ he urged
