Parliament has urged a three judge bench hearing the impeachment case of DP Rigathi Gachagua to set aside the orders barring swearing in of DP elect Kithure Kindiki.
The AG through lawyer Professor Githu Muigai argued that the constitution did not envisage a vacancy at the office of the Deputy President and the order barring Kindiki from assuming office is against the interest of the wider public.
“The language of the Law is that the moment the senate voted to uphold the Impeachment of Hon.Rigathi Gachagua, by Law he ceased to hold office.”he argued.
Muigai told court that the constitution recognises that it has donated power to several other institutions and therefore both the National Assembly and senate acted within their confines of the Law.
Muigai further said that the Constitution has a self correcting provisions such that in the event the court upon hearing the entire petition rules that Gachagua was illegally Impeached, the executive will be ready to reverse Kindiki’s nomination even after assuming office as the Deputy President.
Senator Tom Ojienda for senate said both the National Assembly and the senate accorded Gachagua the opportunity to present his case but he chose to go missing prior to his cross-examination by senate.
He said the Deputy President was accorded an opportunity to be heard but his entire legal team walked out of senate, senate then proceeded to vote.
“Gachagua deliberately decided to sabotage his own appearance before senate,” Ojienda said.
Ojienda urged the court to vacate the orders barring Kindiki from taking oath of office as the new DP arguing that the bigger public interest tilts in the appointment of his excellency Prof.Kithure Kindiki.
On his part, Muthomi Thiankolufor Kindiki said that the High Court and all the other Courts in Kenya lacked jurisdiction to entertain a dispute resulting from the Impeachment of president or deputy president.
