A lawyer, Morara Omoke, has filed a case at the Eldoret High Court seeking to block Chief Justice Martha Koome, or anyone acting on her behalf, from swearing in any nominated Deputy President if the Senate upholds the impeachment of current Deputy President Rigathi Gachagua.
The urgent petition challenges Gachagua’s impeachment on multiple grounds, including irregularities in the collection of signatures from MPs, lack of sufficient public participation, violations of constitutional provisions, and the alleged sidelining of the Deputy President from key government functions.
“All these events were orchestrated eventually culminating in an impeachment motion tabled on October 1, 2024 by Hon. Mutuse Eckomas Mwengi, Member of Parliament, Kibwezi West Constituency,” Omoke argued in official court documents seen by Citizen Digital.
“Events leading to this impeachment motion posed imminent risk on national unity and can easily lead to a repeat of history of the unfortunate post-election violence experienced in the Republic in 2007. 281 members of the National Assembly passed the impeachment motion.”
“A Deputy President is an elected official whose removal from office must be people driven and must involve consultation of the people all across the nation,” he said.
“Hon. Mutuse Eckomas Mwengi, Member of Parliament, Kibwezi West Constituency who tabled the impeachment motion did not conduct prior public participation prior to the collection of signatures.”
In his petition, Omoke argued that the process of collecting signatures for Deputy President Gachagua’s impeachment was flawed, citing a lack of public participation and instances of bribery. He claimed lawmakers were coerced into supporting the motion, facing threats of having their constituency projects halted if they refused.
Omoke also pointed to allegations of forgery, highlighting that Mwala MP Vincent Musyoka was surprised to find his name on the list of signatories, despite not having signed it.
The lawyer further argued that one of the impeachment grounds—Gachagua’s defense of the rights of the Mt. Kenya region—was unjust, as it undermines all communities by targeting the Deputy President based on regional support. Omoke emphasized that Gachagua’s role in leading coffee, milk, and tea reforms was regionally focused as part of his responsibilities assigned by the President, and he is being unfairly singled out for performing these duties.
Additionally, Omoke pointed to remarks made by National Assembly Deputy Speaker Gladys Boss on September 23, 2024, where she announced her intent to spearhead the impeachment, suggesting that the process was predetermined before the motion was even formally introduced.
“The Petitioner avers that in the list of collection of signatures, the signatures of Hon. Emmanuel Wangwe and that of Hon. Bernard M. Shinali were forged. The author of both their names and signatures is one and the same person as the handwriting is unmistakably identical,” stated court papers.
“Similarly, the signatures of Hon. Lilian Siyoi and Hon. Paul K. Chebor are by the same author. The Petitioner also notes that Hon. Wario Guyo signed both at No.121 & 177 and the signatures are different. This shows the level of forgery that transpired in the collection of the signatures in support of the impeachment motion.”
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He also sought to have the petition consolidated with all other petitions related to the impeachment of the Deputy President, designating it as the lead file.
“To aid in the disposal of the Petition, the President of the Republic of Kenya files an 8 Affidavit on whether he has any complaint against the Interested Party,” said Omoke.
“This Court be pleased to certify that the petition herein raises substantial constitutional questions of general public importance and therefore refer the Petition herein to her Ladyship, the Chief Justice for appointment of a bench of an uneven number of judges being not less than three (3) pursuant to Article 165 (4) of the Constitution of Kenya, 2010. This Petition be subjected to a public hearing accessible to all members of the Republic of Kenya.”
