The hearing of the case where Rigathi Gachagua is preventing Prof.Kithure Kindiki from assuming the office of the deputy president is before the Milimani law courts.
Impeached deputy president Rigathi Gachagua lead counsels led by Paul Muite and Advocate Elisha Ongoya have queried the lack of public input in the process of appointing Kithure Kindiki as Deputy President
Speaking before Justice Eric Ogola- led three judge bench, Ongoya has argued that disregarding public input in the appointment of Kindiki is prejudicial in nature constitution and violates article 1 of the constitution that mandates direct or indirect representation of Kenyan citizens
Additionally, Ongoya has also singled out President William Ruto’s “hurried” nomination of Kithure Kindiki hours after the senate passed the national assembly resolution to impeach Gachagua on October 18 as “unprecedented”.
This as he questioned whether President Ruto obtained clearances with regards to Kindiki’s nomination in anticipation of the Senate resolution.
The State is set to make its case for a review of conservatory orders in the afternoon before the bench retreats to rule on the application.
Today’s hearing comes amid a renewed effort by Gachagua’s lawyers to restrain further proceedings before the bench after they moved to the Court of Appeal to challenge a decision by the bench upholding its constitution by the Deputy Chief Justice as lawful.