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Thursday, October 10, 2024 –Top City lawyer Nelson Havi has advised Deputy President Rigathi Gachagua to resign this early.
In his submission statement to the public today Thursday October 10, the former Law Society of Kenya LSK President said, Mr. Gachagua has only two options left for him – one, to resign and two, to face the impeachment that may see him permanently leave politics.
The top legal mind, Mr. Havi, noted that the third purported option that he(Gachagua) may appeal the matter in the courts, is neither here nor there.
“Rigathi Gachagua will cease being DP on the vote of the Senate. Unlike removal of a Judge which can be appealed to the Supreme Court, impeachment of President and DP is final and incapable of challenge. The Constitution did not contemplate judicial intervention on impeachment,” noted Havi.
Meanwhile, a petitioner in Eldoret Uasin Gishu County, Morara Omoke, has moved to the High Court to block the swearing-in of any new deputy president in case Rigathi Gachagua’s impeachment is upheld by the Senate.
Advocate Morara, on Thursday, filed the petition at the Eldoret High Court demanding that Gachagua remain in office until all legal channels are completed.
This petition aims at preventing Chief Justice Martha Koome from swearing in a replacement while the court hearings are still ongoing.
According to the petitioner, the motion to remove DP Gachagua lacks the legal threshold required for such an action, raising concerns about the political motivation behind the impeachment.
