Homa Bay Town MP Peter Kaluma has urged the court to dismiss Deputy President Rigathi Gachagua’s application to retain his seat, calling for the swift swearing-in of the newly appointed Deputy President, Kithure Kindiki.
In a statement on his social media account on Tuesday, October 22, 2024, Kaluma criticized Gachagua for delaying the transition process, despite being granted the opportunity to contest his impeachment. The MP accused Gachagua of using legal tactics to prolong his stay in office while blocking Kindiki from assuming the role.
Kaluma expressed frustration with the prolonged legal battle, urging the court to dismiss Gachagua’s application and allow the transition.
“He rushed to court to stop swearing of the new DP Kithure Kindiki. Granted early opportunity to proceed, he’s engaged his lawyers to do merry-go-round in court! Court should summarily dismiss the application so that the new DP is immediately sworn into office!” Kaluma stated.
Gachagua in Court
Gachagua had moved to the Court following his impeachment by the Senate to challenge his ouster. A three-judge bench at Milimani Law Courts was scheduled to hear the case. Gachagua attended the hearing alongside his son, Keith Ikunu, and was supported by several political allies, including former United Democratic Alliance (UDA) Secretary General Cleophas Malala, Kirinyaga Woman Representative Njeri Maina, and Nyandarua Senator John Methu.
Solicitor General Shadrack Mose filed a case in response to stay orders issued by a Kirinyaga court on Friday, October 18, 2024. The case was presented to a three-judge bench consisting of Justices Eric Ogola, Anthony Mrima, and Freda Mugambi, who were assigned to hear the matter brought by David Munyi Mathenge and Peter Gichobi Kamotho against the Senate Speaker.
Mose argued that the position of deputy president should not be left vacant. He criticized the ex-parte conservatory orders, stating they were issued without allowing the state, the National Assembly, or other relevant parties to present their case. Mose contended that leaving the office unoccupied would be detrimental to the people of Kenya.
During the Tuesday hearing, Deputy President Rigathi Gachagua’s legal team, led by Ndegwa Njiru and Paul Muite, raised concerns over the appointment of the three-judge bench. They questioned why Justice Philomena Mwilu made the appointment late on Friday night without consulting Chief Justice Martha Koome.
