[2024] KEHC 12436 (KLR)
The court found that the petition and application raise substantial constitutional issues concerning the rule of law, human rights, and the functioning of constitutional offices. Given the urgency and public interest, the court certified the matter for hearing by a bench to be appointed by the Chief Justice. Pending...
Source-derived case information.
- Citation
- [2024] KEHC 12436 (KLR)
- Parties
- Applicant: Rigathi Gachagua; Respondent: State Law Office; Respondent: Senate & 3 others
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition E565 of 2024
- Procedural Posture
- Constitutional Petition / Interlocutory Order on Directions and Conservatory Relief
- Outcome
- Conservatory order granted; matter certified for empanelment of a bench; directions issued for expedited responses.
- Judges
- EC Mwita
- Legal Topics
- Impeachment Proceedings, Conservatory Orders, Public Interest Litigation, Rule of Law
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rigathi Gachagua
Applicant
State Law Office
Respondent
Senate & 3 others
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Order on Directions and Conservatory Relief
Legal Issues
- 1 Whether the impeachment proceedings against the Deputy President violated constitutional provisions and fundamental rights.
- 2 Whether the urgency and public interest justify conservatory orders staying the Senate's resolution pending further hearing.
- 3 Whether the matter raises substantial constitutional questions warranting empanelment of a bench.
Ratio Decidendi
The court found that the petition and application raise substantial constitutional issues concerning the rule of law, human rights, and the functioning of constitutional offices. Given the urgency and public interest, the court certified the matter for hearing by a bench to be appointed by the Chief Justice. Pending that, the court issued a conservatory order staying the implementation of the Senate's resolution upholding impeachment charges against the Deputy President, including any appointment of a replacement, until the matter is mentioned before the appointed bench. The orders aim to prevent irreversible consequences and safeguard constitutional processes while the issues are fully...
Court Disposition
Conservatory order granted; matter certified for empanelment of a bench; directions issued for expedited responses.
Orders
- Pleadings to be served immediately and responded to within 3 days after service.
- Matter certified as raising substantial constitutional questions and to be heard by a bench of uneven number of judges to be appointed by the Chief Justice.
Full Case Text
Judgment text and source record
21 paragraphs
Gachagua v State Law Office & 4 others (Petition E565 of 2024) [2024] KEHC 12436 (KLR) (Constitutional and Human Rights) (18 October 2024) (Order)
Neutral citation: [2024] KEHC 12436 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Constitutional and Human Rights
Petition E565 of 2024
EC Mwita, J
October 18, 2024
Between
Rigathi Gachagua
Petitioner
and
State Law Office
1st Respondent
Senate & 3 others & 3 others & 3 others & 3 others
2nd Respondent
Order
1. This Matter coming up for directions on the Notice of Motion and petition both dated 18th October 2024. before Honourable Justice E C Mwita And Upon Considering the pleadings, supporting affidavits and attachments, I am satisfied that the petition and application raise monumental constitutional issues touching not only at the heart of a functioning constitution but also its fundamental tenets of the rule of law and human rights.
2. It is hereby Ordered as a Matter of Urgency;1. That the pleadings be served immediately and be responded to within 3 days after service.2. That due the the significance of issues raised in the petition and application, I certify this matter as raising substantial questions of law and public interest and therefore fit to be heard by a bench of uneven number of judges to be appointed by the Hon. The Chief Justice. The file be placed before the Hon. Chief Justice immediately for consideration in that regard.3. That in the meantime, due to the issues raised in the petition and and application, and the urgency demonstrated, a conservatory order is hereby issued staying implementation of the resolution by the Senate upholding the impeachment charges against the petitioner, the Deputy President of Kenya, including appointment of his replacement, until 24th October 2024 when the matter will be mentioned before the bench to be appointed by the Chief Justice, for appropriate orders and action.
4. Given under my hand and seal of the Honourable court this 18th Day of October 2024. Penal Notice: Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same
SIGNED BY: HON. JUSTICE E.C. MWITATHE JUDICIARY OF KENYA.MILIMANI HIGH COURTHIGH COURT CONSTITUTION AND HUMAN RIGHTSDATE: 2024-10-18 13:52:03